Madras High CourtCRL OP(MD)/16028/2021allowed

Amjathkhan v. The Inspector Or Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No. 16028 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 16028 of 2021 and Crl.M.P.(MD)No.8574 of 2021 1.Amjathkhan 2.Baseera Begam ... Petitioners/ Accused No.1 & 2 Vs.

1.The State represented by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.261 of 2021) ... 1st Respondent/ Complainant 2.DA ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to Crime No.261 of 2021 dated 07.04.2021 on the file of the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District and quash the same. For Petitioners : Mr.M.Seenisulthan For Respondents : Mr.E.Antony Sahaya Prabahar Additional public Prosecutor for R.1 Mrs.S.Thoppammal for R.2

ORDER

Heard the learned counsel appearing for the petitioners, the learned Additional public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

2. The petitioners are shown as accused in the impugned FIR for the offences under Sections 294(b), 432 and 324 IPC and under Section 75 of the Juvenile Justice (Care and Protection of Children) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 16028 of 2021 Act, 2015. The defacto complainant does not want to pursue the matter. However, to satisfy my conscience, I wanted to know what actually happened. It is seen that the defacto complainant and her husband are not together. The defacto complainant's son appears to have fallen in love with a classmate. He had tatooed her name on his chest. The petitioners are close relatives. They appear to have taken him to task, and as a result, the present complaint came to be lodged. This is a case, in which the Section 95 IPC can be invoked. When an youngster takes a deviant path it is natural that the elders of the family censure him. Registration of an FIR is not warranted. The impugned FIR is quashed. This Criminal Original Petition is allowed. Conseqently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Kenikkarai Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.16028 of 2021 and Crl.M.P.(MD)No.8574 of 2021 15.12.2021 RK(10/01/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2