IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
R. Prasanna Venkatesh & Others - Appellant
Versus
The State rep. by its the Inspector of Police, Thiruvallur & Another - Respondent
Crl.O.P. No. 18490 of 2021
Decided On : 16-02-2022
Code of Criminal Procedure,1973 - Section 482 - Tamil Nadu Prohibition of Harassment of Women Act, 2002 - Section 4 - Indian Penal Code,1860 – Sections 323, 506, 506 r/w 34 - Immoral Traffic (Prevention) Act, 1956 - Section 6(1)(b) – Criminal Intimidation – Voluntarily causing grievous hurt - Respondent/defacto complainant hails from where she was working in SBI Bank Credit Card Section - She came in contact with 1st petitioner through social media facebook they became very friendly - Matrimonial life 1st petitioner introduced 2nd respondent as his wife to petitioners - Matrimonial life petitioners 2 and 3 threatened the 2nd respondent to act as per direction of 1st petitioner - Petitioners 3 and 4 informed 2nd respondent that they would bring one person, with whom she has to spend happy hours - 2nd respondent refused for same - Petitioners threatened her that they would publish private and nude pictures of her in social media - When 2nd respondent attempted to move away from matrimonial home - She was abused and assaulted and further five sovereigns of gold jewels and Rs.3 lakhs of the 2nd respondent were taken away by petitioners - Held, Petitioner and 2nd respondent and now, resolved. It is admitted that the 2nd respondent was having relationship with the 1st petitioner through the social media - Though she is married with one Manikandan, she left her matrimonial home on her own, joined the 1st petitioner started living with 1st petitioner for sometime. Later, due to some misunderstanding, she wanted to move away from 1st petitioner - Court enquired 2nd respondent, she confirmed about the compromise and her earlier married life in subsistence - Despite the same, she came in contact with the 1st petitioner through facebook and left Thanjavur, stayed in Chennai at Women’s Hostel and married the 1st petitioner - During matrimonial life, there was some misunderstanding between the petitioners and the 2nd respondent - She wanted to move away from petitioners and she filed a compromise deed before this Court to withdraw the complaint lodged against the petitioners before the 1st respondent Police - Court quashes the FIR in Crime file of 1st respondent Police against petitioners - Petition is allowed
JUDGMENT :
Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with FIR in Cr.No.267/2021 on the file of the Inspector of Police, T-6, Avadi Police Station, Thiruvallur District for alleged offences under Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, Sec.341, 323, 506(i) and Sec.6(1)(b) of Immoral Traffic (Prevention) Act, 1956, and quash the FIR against the petitioners.
1. This Criminal Original Petition has been filed to quash the FIR in Crime No.267 of 2021, dated 09.05.2021, on the file of the 1st respondent Police.
2. The gist of the case is that the 2nd respondent/defacto complainant hails from Thanjavur District, where she was working in SBI Bank Credit Card Section. During that time, she came in contact with the 1st petitioner through the social media facebook and thereafter, they became very friendly. On the request of the 1st petitioner, the 2nd respondent came to Chennai on 15.12.2020 and stayed in a Women Hostel at Saligraman. On 16.01.2020, a marriage was held between and on 17.01.2021, they started their matrimonial life at Mahendra Happynest Apartment, Paruthipattu. The 1st petitioner introduced the 2nd respondent as his wife to the petitioners 2 to 4. During the matrimonial life, the petitioners 2 and 3 threatened the 2nd respondent to act as per the direction of the 1st petitioner. On 30.01.2020, the petitioners 3 and 4 informed the 2nd respondent that they would bring one person, with whom she has to spend happy hours. When the 2nd respondent refused for the same, the petitioners threatened her that they would publish private and nude pictures of her in the social media. When the 2nd respondent attempted to move away from the matrimonial home, she was abused and assaulted and further five sovereigns of gold jewels and Rs.3 lakhs of the 2nd respondent were taken away by the petitioners. Thereafter, the 1st petitioner blocked the 2nd respondent in Whatsapp and other social media accounts. When the 2nd respondent went to company, where the 1st petitioner was working, to shock and surprise she came to know that the 1st petitioner already got married with one Marry Jacunline. She also came to know that the 1st petitioner’s habit is similar with other women and he is also planing to have yet another marriage. Hence, she lodged a complaint against the petitioners to the 1st respondent, which was registered in Crime No.267 of 2021, for offence under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, 341, 323 and 506(i) IPC and Section 6(1)(b) of the Immoral Traffic (Prevention) Act, 1956, against which the present petition has been filed.
3. The learned counsel for the petitioners submitted that the 2nd respondent already got married in Thanjavur and thereafter, she came in contact with the 1st petitioner through facebook and left Thanjavur and stayed in Chennai at Women’s Hostel and on 17.01.2020, married the 1st petitioner. During the matrimonial life, there was some misunderstanding between the petitioners and the 2nd respondent. For extracting money from the petitioners, lodged a false complaint against the petitioners as though the petitioners abused, harassed and extracted money from her. Earlier to this, the 2nd respondent lodged a complaint to Puttur Urban Police Station, Chittor District, Andhra Pradesh, which was registered in FIR in Crime No.57 of 2021 on 08.03.2021, for offence under Sections 323, 506, 506 r/w 34 IPC. The present complaint has been lodged on 09.05.2021 to the 1st respondent Police. He further submitted that the 2nd respondent after realizing her mistake in implicating the entire family members of the 1st petitioner for the misunderstanding, had entered into a compromise deed with the petitioners on 14.09.2021, wherein she agreed to withdraw the complaints filed against the petitioners before the 1st respondent Police and Puttur Urban Police Station, Chittor District, An
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