S. Subbiah v. Indhumathi

CRL OP(MD). No.9029 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.9029 of 2016 and Crl.MP(MD). Nos.4472 and 4473 of 2016 S.Subbiah ... Petitioner/Sole Accused Vs Indumathi, W/o.Anil Kumar, Principal, IIPE Laxmi Raman Matriculation Higher Secondary School, Paraikulam, Uthamapandiyankulam, Tirunelveli-51.

... Respondent/Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records in C.C.No.123 of 2016, on the file of the learned Judicial Magistrate No.III, Tirunelveli, quash the same. For Petitioner : Mr.P.Pethu Rajesh For Respondent : Mr.S.Arivalagan

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.123 of 2016, on the file of the learned Judicial Magistrate No.III, Tirunelveli.

2.The petitioner is a practicing lawyer. The respondent filed C.C.No.123 of 2016, on the file of the learned Judicial Magistrate No.III, Tirunelveli, against the petitioner. The allegation of the respondent is that the petitioner's son was studying in the school, in which, the respondent is the Principal. According to the respondent, the petitioner had circulated an offending message concerning the reputation of the school in the social media. The petitioner states that he has nothing to do with the circulation of the said offending message. The submission of the petitioner is placed on record. The petitioner appears to have filed two writ petitions against the school management. This Court suggested to the petitioner that he could withdraw the said writ petitions. The petitioner has produced before this Court his letter dated 17.09.

2019, addressed to Registrar for listing the two writ petitions for withdrawal. The children and daughter of the petitioner are no longer studying in the respondent school. The petitioner makes it clear that he will not have any claim against https://hcservices.ecourts.gov.

CRL OP(MD). No.9029 of 2016 the respondent's school and that he would give a quiet burial to all his grievances. Therefore, I am of the view that there is no purpose in continuing the prosecution. Quashing it would certainly secure the ends of justice.

3.In such view of the matter, the impugned proceedings stand quashed. The Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To The Judicial Magistrate No.III, Tirunelveli.

+1 CC to Mr.P.PETHU RAJESH, Advocate ( SR-87394[F] dated 18/09/2019 ) CRL OP(MD). No.9029 of 2016 Date : 17.09.2019 SJI MK (03.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2