Madras High CourtCRL OP(MD)/15194/2021allowed

K. Bharathiyar v. The Inspector Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.15194 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15194 of 2021 and CRL.M.P.(MD)No.8143 of 2021

1. K.Bharathiyar

2. B.Sudhakaran ... Petitioners / Accused Nos.1&2 Vs.

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

(Crime No.264 of 2021) ... 1st Respondent / Complainant

2. Tamilselvi ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.264 of 2021 dated 25.08.2021 on the file of the first respondent for the offences under Sections 294(b), 427, 506(1) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 and quash the same as illegal as against the petitioner alone.

For Petitioners : M/s.K.Suyambulinga Bharathi For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.R.Anandharaj

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.264 of 2021 registered on the file of the first respondent police station for the offences under Sections 294(b), 427 and 506(1) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002.

3. The defacto complainant Tamilselvi is present in person before me. She has been duly identified by Mr.C.Chelliah, SSI, attached to Perumalpuram police station. The parties have filed a joint compromise memo. The defacto complainant states that she does not want to pursue the complaint. Since the defacto complainant herself does not want to pursue the complaint, no purpose will be served in keeping the impugned First Information Report alive. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.15194 OF 2021

4. Therefore, the impugned First Information Report is quashed. This criminal original petition is allowed. The joint compromise memo filed by the parties shall form part of the decree. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AR(CO)) // 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, Perumalpuram police station, Tirunelveli District.

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

Crl.O.P.(MD)No.15194 of 2021 19.11.2021 AR(CO) KB(25.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2