Madras High CourtCRL OP(MD)/12029/2021allowed

B. Elango @ Mahesh v. The Inspector Of Police

2021-11-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.12029 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.12029 of 2021 B.Elango @ Mahesh ... Petitioners/ Sole Accused Vs.

1.State rep. By, The Inspector of Police, Kanyakumari police station, Kanyakumari District.

(Crime No.675 of 2020) ... Respondent/Complainant 2.Sahaya Vasanthan 3.T.Sinthuja ... Respondent/Victims Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records of the First Information Report in Crime No.675 of 2020 on the file of the Inspector of Police, Kanyakumari police station, Kanyakumari District and quash the First Information Report in Crime No.675 of 2020 on the file of the Inspector of Police, Kanyakumari police station, Kanyakumari District.

For Petitioner : Mr.G.V.Vairam Santhosh For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 & R-3 : Mr.C.Rajasekar

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the First Information Report in Crime No.675 of 2020 registered on the file of the Inspector of Police, Kanyakumari police station, for the offence under Sections 354A, 384 and 506(1) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 67 of Information Technology (Amendment) Act 2008.

3. The defacto complainant Sahaya Vasanthan is present before this Court. The victim Ms.T.Sinthuja is also present before this Court. The defacto complainant as well as the victim have been duly identified by Mr.C.Rajasekharan, SSI-1001, attached to Kanyakumari police station. The defacto complainant Sahaya Vasanthan has no objection quashing the impugned prosecution. Since https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12029 of 2021 the defacto complainant does not want to pursue the matter, no purpose will be served in keeping the impugned First Information Report alive.

4. The impugned First Information Report is quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Inspector of Police, Kanyakumari police station, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.12029 of 2021 12.11.2021 AM(CO) RS/PM (23.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2