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R Mohanakrishnan And Others vs The State Rep By The Inspector Of Police And Others

Madras High Court|27 January, 2017
|

JUDGMENT / ORDER

This Criminal Original Petition is filed to call for the records pertaining to S.C. No. 181 of 2016 in Crime No. 1 of 2015 on the file of Mahila Court, Allikulam and to quash the same. 2. The case of the petitioners is that on a complaint lodged by the 2nd respondent herein, a case was registered in Crime No. 1 of 2015 by the 1st respondent Police and on completing the investigation, the final report was filed in P.R.C. No. 21 of 2016 before the V Metropolitan Magistrate, Allikulam, Egmore, Chennai, against the petitioners herein for offences under Sections 376, 417 and 506(i) I.P.C. and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act. Subsequently, the parties had reached a compromise and on settlement of the issues between them, petitioners 1 to 4 herein filed an application before this Court in Crl.O.P. No. 18561 of 2015 to quash P.R.C. No. 21 of 2016 and this Court, by order dated 31.08.2016, allowed the said criminal original petition and quashed the prosecution against all the accused in P.R.C. No. 21 of 2016. However, in the meantime, the case came to be numbered as S.C. No. 181 of 2016 and the same is pending before Mahila Court, Allikulam. Hence, the present Criminal Original Petition seeking to quash the same.
3. Heard both sides.
4. This Court, while allowing Crl. O.P. No. 18561 of 2016, by order dated 31.08.2016, has observed, at paragraph No.10, as hereunder:
"10. Though the offences are serious in nature, yet, given the facts and cirumstances of the case and the compromise arrived at amongst the parties and especially, the fact that Vaishnavi is a Woman Champion of our State in the National Level Swimming Competition and that her future should not be ruined, the prosecution against all the accused in P.R.C. No. 21 of 2016 including those who have not approached this Court, is quashed."
Since P.R.C. No. 21 of 2016 has itself been quashed by this Court, S.C. No. 181 of 2016 can no longer survive on the file of Mahila Court, Allikulam and the same is quashed. The Criminal Original Petition is ordered accordingly. Connected Crl.M.P. Is closed.
27.01.2017 nv To
1. The Mahila Court, Allikulam
2. The Public Prosecutor, High Court, Madras.
R. MAHADEVAN,J.
nv Crl.O.P. No. 841 of 2017 27.01.2017 http://www.judis.nic.in
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Title

R Mohanakrishnan And Others vs The State Rep By The Inspector Of Police And Others

Court

Madras High Court

JudgmentDate
27 January, 2017
Judges
  • R Mahadevan