Rajendran @ Mathans Rajendran v. Laksumanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2025

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and CRL.MP(MD). No.8928 of 2022 Rajendran @ Mathans Rajendran ... Petitioner / Accused No.2 Vs.

Laksumanan ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to the private complaint in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District and quash the same.

For Petitioner :

Mr.J.Anand Kumar For Respondent :

Mr.T.Kumar

ORDER

This petition was filed to quash the proceedings pending in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, 1/5

Devakottai, Sivagangai District

2. The private complaint was filed by the respondent mainly on the ground that the petitioner, who is working as a reporter in a news paper, had reported a news item as if the respondent was arrested by the police and it was also uploaded in facebook account of the petitioner. As a result, the reputation of the respondent was affected. The further case is that no such arrest took place and the respondent was only called for an enquiry to the police station.

3. When the matter came up for hearing during the last occasion, this Court indicated that considering the nature of grievance expressed by the respondent, the petitioner can file an affidavit and tender apology for his act. Accordingly, when the matter was taken up for hearing today, the affidavit has been filed by the petitioner and the relevant portion is extracted hereunder:- "5. I respectfully submit that I am tendering my unconditional apology with regard to the publication dated 08.12.2021 relating to arrest of the respondent herein. I am 2/5

only the bread winner of my family. Unless the apology affidavit accepted, I will put to suffer, irreparable hardship."

4. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has tendered apology and without precipitating the case any further, this Court is inclined to interfere with the proceedings pending before the Court below. By continuing with the proceedings, the matter which by now would have been forgotten by all will only resurrect and affect the reputation of the respondent. Therefore, it will suffice if the apology tendered by the petitioner is accepted and the proceedings are closed.

5. In the result, the proceedings in Crl.M.P.No.597 of 2022 on the file of the learned Judicial Magistrate, Devakottai, Sivagangai District is hereby quashed and this petition is allowed in the above terms. Consequently, the connected miscellaneous petition is closed. 03.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No pal 3/5

To The Judicial Magistrate, Devakottai, Sivagangai District.

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N.ANAND VENKATESH,J.

pal Order made in 03.01.2025 5/5