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2006 Supreme(Mad) 842

M.JEYAPAUL
Basheer Ahamed & Others – Appellant
Versus
State, rep. by The Inspector of Police – Respondent


Advocates Appeared:For the Petitioners:Mr. A. Sirajudeen, Counsel for M/s. Siraj & Siraj, Advocates. For the Respondent:V. Jaya Prakash Narayanan Government, Advocate.

Judgment :-

1. Heard both sides.

2. The petitioners seek quashment of the charge under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The allegation found in the Complaint is that all the three petitioners harassed the de facto complainant at her matrimonial home.

3. Learned counsel for the petitioner referring to Sections 2(a), 3 and 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 would submit that no offence is made out as against the petitioners as per Tamil Nadu Prohibition of Harassment of Women Act, 1998. He would further submit that there cannot be any such offence of harassment as against a woman under the definition of the said Act. Further, he would submit that as the place of occurrence is allegedly the matrimonial home of the de facto complainant, the provision of the said Act will not apply to such a situation.

4. Learned Government Advocate would submit that all the petitioners have been rightly charged for offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The word "Harassment" has been defined in the aforesaid Act as “any indecent conduct or act by a man which causes or is likely to case i







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