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Madras High CourtCRL OP(MD)/2147/2026allowed

Sathishkumar v. State Of Tamilnadu Rep By Inspector Of Police, V.K.Pudur

2026-02-19Honourable Mrs Justice L.Victoria Gowri7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI and Crl.M.P.(MD).Nos.2417 and 2419 of 2026 Sathishkumar ... Petitioner/Sole Accused Vs.

1.State of Tamilnadu Rep. By, The Inspector of Police, V.K.Pudur Police Station, Tenkasi District.

In Crime No.10 of 2025.

2.Shanmugasudnari ... Respondents PRAYER :- This Petition is filed under Section 528 BNSS, to call for the records relating to the charge sheet in S.C.No.529 of 2025 on the file of the learned Principal District and Sessions Judge, Tenkasi and quash the same.

For Petitioner : Mr.Gandhi Senior Counsel for Mr.A.Balaji For Respondents : Mr.S.Ravi, (for R1) Additional Public Prosecutor Mr.J.Vivek (for R2) 1/7

ORDER

Seeking to quash the charge sheet in S.C.No.529 of 2025 on the file of the learned Principal District and Sessions Judge, Tenkasi, this Criminal Original Petition is filed.

2.The petitioner is the sole accused in Crime No.10 of 2025, which was registered at the instance of the second respondent/defacto complainant for the offences under Sections 78(2), 332(C), 75(2) and 79 of BNS, 2023, and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

3.The case of the prosecution is that the defacto complainant and her mother were running a petty shop. On 12.01.2025, the petitioner, who was working as a Sub-Inspector of Police at V.K. Pudur Police Station, visited the said shop and spoke to her in an intimate manner. Thereafter, on 18.01.2025, at about 02.00 p.m., the petitioner allegedly trespassed into her house and attempted to remove her dress. Scared over the same, the second respondent raised an alarm. On hearing the same, the villagers arrived at the spot and the second respondent was rescued. In this regard, 2/7

the second respondent lodged a complaint and the same was registered in Crime No.10 of 2025. After completing the investigation, the case culminated in the filing of a charge sheet for the said offences before the learned Principal District and Sessions Judge, Tenkasi, in S.C.No.529 of 2025.

4.The learned Senior Counsel appearing for the petitioner pointed out that the entire complaint is baseless and was lodged only with the intention of wreaking vengeance against the petitioner. He further pointed out that the petitioner had earlier registered a case in Crime No. 120 of 2024 against the defacto complainant's mother, namely Vijayalakshmi, for the offences under Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 and the same was culminated in the filing of a charge sheet before the learned Judicial Magistrate, Alangulam, in S.T.C.No.819 of 2024, which resulted in the conviction of the defacto complainant's mother. Thereafter, at the instigation of her relatives and mother and with a view to wreak vengeance against the petitioner, the defacto complainant lodged the present complaint. He further submitted that with the passage of time, the 3/7

defacto complainant herself regretted her conduct in falsely implicating the petitioner, which had resulted in the petitioner losing his service. In this regard, she has voluntarily filed an affidavit before this Court confessing that the entire prosecution narrative was false. Hence, he seeks to quash the charge sheet.

5.The learned Additional Public Prosecutor appearing for the first respondent submitted that, even in the earlier instance, a CSR in No.40 of 2025 was registered on 10.08.2025, in which the defacto complainant had given a statement clearly stating the innocence of the petitioner. However, the same was forwarded by the Superintendent of Police to the first respondent police, based on which the crime was registered and a final report was filed.

6.Heard the learned counsel on either sides and perused the materials available on record.

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7.This Court fully satisfied with the affidavit filed by the defacto complainantl, is of the considered view that the entire prosecution initiated at the instance of the second respondent is a clear abuse of the process of law and the process of the Court, which has defeated the ends of justice. Hence, the charge sheet is liable to be quashed. 8.Accordingly, this Criminal Original Petition stands allowed and the charge sheet in S.C.No.529 of 2025 on the file of the learned Principal District and Sessions Judge, Tenkasi, is hereby quashed. The second respondent appeared in person before this Court and stated that on her own volition and without any compulsion from anyone, she had filed the affidavit. The affidavit filed by the defacto complainant shall form part and parcel of this order. Consequently, the connected Criminal Miscellaneous Petitions are closed.

19.02.2026 Index: Yes/ No Internet:Yes/No vsg 5/7

TO 1.The Principal District and Sessions Judge, Tenkasi.

2.The Inspector of Police, V.K.Pudur Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 6/7

L.VICTORIA GOWRI,J., vsg CRL OP(MD) No.2147 of 2026 19.02.2026 7/7