Madras High CourtCRL OP(MD)/15515/2021allowed

A. Tony Raja v. The Inspector Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.15515 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.15515 of 2021 A.Tony Raja ... Petitioner/ Sole Accused Vs.

1.The State represented by The Inspector of Police, Naraikinaru Police Station, Thoothukudi District.

(Crime No.33 of 2020) ... 1st Respondent/ Complainant 2.R.Joseph ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the Charge Sheet in S.C.No.122 of 2021 on the file of the Mahila Court, Thoothukudi District against the petitioner herein as sole accused under Sections 453 and 307 IPC and Section 4 of TN Prohibition of Harassment of Woman Act, 2002. For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.Sakthi Kumar Government Advocate (Criminal Side) for R1 Mr.Joseph Jerry for R2

ORDER

This Criminal Original Petition has been filed for quashing the impugned proceedings in S.C.No. 122 of 2021 registered on the file of the Mahila Court, Thoothukudi District.

2. The petitioner herein is a close relative of the victim. It appears that out of frustration, he had inflicted a minor injury on her. The defacto complainant, who is the father of the victim, is present before this Court and he has no objection for quashing the impugned proceedings. I had a long conversation with the petitioner. He gives an assurance before this Court that he will not contact her in any manner and completely keep away from the victim. He also promises to be appropriate in his conduct in future. The petitioner is an young person and is eking out his livelihood as driver in Chennai. Keeping the prosecution alive will definitely affect his https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.15515 of 2021 life and career. In this case, the defacto complainant as well as the victim want to give quietus to the issue. Therefore, no purpose will be served in keeping the proceedings alive. The impugned proceedings is quashed. This Criminal Original Petition is allowed accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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 Judge, Mahila Court, Thoothukudi District.

2.The Inspector of Police, Naraikinaru Police Station, Thoothukudi District.

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

+1 CC to M/s.S.XAVIER RAJINI, Advocate ( SR-36399[F] dated 29/11/2021 ) Crl O.P.(MD)No.15515 of 2021 26.11.2021 NSN(CO) KB(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2