Akileshan @ Akilarasan v. State Rep

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No. 1195 of 2022

1. Akileshan @ Akilarasan

2. Lakshmi

3. Mala

4. Shanthi

5. Nithiya Jeeva ... Petitioners

Versus

1. The State rep. by The Inspector of Police, AWPS-Dharapuram, Tiruppur Dt.

(Crime No. 16 of 2015)

2. Megala ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pursuant to the case in C.C.No.14 of 2016 on the file of Judicial Magistrate, Dharapuram and quash the same.

Page No.1 of 4

For Petitioners :

Mr.K.Sudhakar For Respondents :

Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) for R1 Mr.E.V.Chandra @ E.Chandrasekaran for R2

ORDER

This Criminal Original Petition has been filed seeking to quash the case in C.C. No.14 of 2016 on the file of Judicial Magistrate, Dharapuram.

2. The learned counsel for 2nd respondent/defacto complainant raised objection stating that due to the inducement made by the petitioners 2 to 5, the 1st petitioner husband gave tablet to her for abortion, thereby the defaco complainant's child was aborted. Accordingly, she prayed to dismiss this Criminal Original Petition. Page No.2 of 4

3. On seeing the fact that the allegation levelled against the petitioners are grave in nature and the same requires detailed trial. Therefore, this Court is not inclined to quash the proceedings in C.C.No.14 of 2016. Accordingly, this Criminal Original Petition is dismissed. However, on considering the fact that the 2nd petitioner viz., Lakshmi is aged about 70 years, her personal appearance is ordered to be dispensed with and she shall appear before the trial court as and when required. Consequently, connected Criminal Miscellaneous Petition is closed.

03.01.2024 Index: Yes/No Internet: Yes/No rpp To 1.The Inspector of Police, AWPS-Dharapuram, Tiruppur Dt.

2. The Public Prosecutor, High Court, Madras.

Page No.3 of 4

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.2570 of 2022 03.01.2024 Page No.4 of 4