Madras High CourtCRL OP/21898/2023disposed of

Elavazhagan v. The State Rep.By

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN and Crl.M.P.No.15163 of 2023 1.Elavazhagan 2.Ananthi ...

Petitioners Vs.

1.The State rep by The Inspector of Police, All Women Police Station, Thittakudi, Cuddalore District.

Crime No.7 of 2022 2.Jamuna ...

Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.7 of 2022 on the file of the first respondent police and to quash the same. For Petitioners : Mr.E.Balamurugan For Respondent : Mr.S.Rajakumar, No.1 Additional Public Prosecutor

O R D E R

The case against the petitioners registered in Crime No.07 of 2022 on 05.11.2022 for offences under Sections 294(b), 354, 354-A, 109, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act,2002.

2.The petitioners pray for quash the said FIR alleging that it is a false complaint to counter complaint given by the petitioners' mother against the defacto complainant. Earlier a case in CSR No.416 of 2022 registered by Avinankudi police station against the defacto complainant and her family. After enquiry, police compromised the parties and the complaint was withdrawn. Suppressing the earlier complaint, false complaint been given by the second respondent and the same been registered by the police. Claiming innocence and no such incident as stated in the complaint occurred, the petitioners want to quash the case.

3.A perusal of the complaint indicates grave offence cognizable quashing harassment to the defacto complainant and molesting her modesty. Considering the allegations found in the FIR, the petition is dismissed since the reason stated in the First Information Report does not fall under the parameter laid down by the Hon'ble Supreme Court in M/s Neeharika Infrastructure Private Limited v. State of Maharashtra and others reported in [AIR 2021 SCC 1918] Consequently, connected miscellaneous petition is closed.

Index : Yes / No 18.10.2023 Internet:Yes/No sms

To 1.The Inspector of Police, All Women Police Station, Thittakudi,Cuddalore District.

2. The Public Prosecutor, High Court, Madras.

Dr.G. JAYACHANDRAN, J.

sms and Crl.M.P.No.15163 of 2023 18.10.2023