Madras High Court
R.Prasanna Venkatesh vs The State Rep. By Its on 16 February, 2022
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.18490 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 01.02.2022
PRONOUNCED ON : 16.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.18490 of 2021
1.R.Prasanna Venkatesh
2.P.Rangasamy
3.R.Vijaya
4.R.Bhuvaneswari ... Petitioners
Versus
1.The State rep. by its,
The Inspector of Police,
T-6, Avadi Police Station,
Thiruvallur District.
2.K.Kalpana ... Respondents
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.
For Petitioners : Mr.P.Saravanan
For R1 : Mr.E.Raj Thilak,
Additional Public Prosecutor
*****
Page No.1 of 9
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.18490 of 2021
ORDER
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 2 nd 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 1 st 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 2 nd respondent attempted to move away Page No.2 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 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 1 st 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 Page No.3 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 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, Andhra Pradesh. Hence, he prayed for quashing of FIR against the petitioners.
4.The learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that on the complaint of the 2nd respondent, an Page No.4 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 FIR in Crime No.267 of 2021 has been registered against the petitioners. During investigation, it was found that she already lodged a complaint almost on the similar line to Puttur Urban Police Station, Chittor District, Andhra Pradesh in Crime No.57 of 2021. During investigation in Crime No.267 of 2021, the mobile phone and the laptop of the 1st petitioner were recovered and shown as property. On examination of the phone and laptop, it was found that there was some private photos, but nothing obscene. Now, the 2 nd respondent agreed for a compromise and entered into compromise deed with the petitioners and she received some compensation. He further submitted that the seized articles viz., the mobile phone and laptop, after formatting and deleting all files, can be handed over to the 1st petitioner.
5.This Court considered the rival submissions and perused the materials available on record.
6.It is seen that there seems to be some dispute between the 1st petitioner and the 2nd respondent and now, resolved. It is admitted that the 2nd respondent was having relationship with the 1st petitioner through the social media viz., facebook. Though she is married with one Manikandan, she left Page No.5 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 her matrimonial home on her own, joined the 1st petitioner in Chennai and started living with the 1st petitioner for sometime. Later, due to some misunderstanding, she wanted to move away from the 1st petitioner.
7.The 1st respondent Police during investigation found that the dispute is purely private in nature. Now, the issue between them resolved and the 2nd respondent also compensated. The 1st petitioner gave an undertaking affidavit before this Court and the same is as follows:-
“5.I humbly submit that, I have not transmitted or shared any obsence photos or videos of 2nd respondent/defacto complainant or any other lady in social media like Wats app, Face book or any other form of sharing, etc. I hereby undertake, hereafter I will not transmit or share the obscene photos or videos of 2nd respondent/Defacto complainant or any other lady in social media like Watsapp, Face book or any other form of sharing, etc. If I will transmit or share the obscene photos or videos of 2nd respondent/Defacto complainant or any other lady in social media like Wats app, Face book etc., I will obey all legal or criminal actions which would be initiated by the Police or 2nd respondent/Defacto complainant or any other lady.” Page No.6 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021
8.When this Court enquired the 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 on 17.01.2020, married the 1st petitioner. During the matrimonial life, there was some misunderstanding between the petitioners and the 2nd respondent. Now, she wanted to move away from the petitioners and she filed a compromise deed before this Court to withdraw the complaint lodged against the petitioners before the 1st respondent Police.
9.Under such circumstances, no useful purpose will be served, if the investigation goes on. Hence, this Court quashes the FIR in Crime No.267 of 2021, dated 09.05.2021, on the file of the 1st respondent Police against the petitioners. Accordingly, this Criminal Original Petition is allowed.
10.The 1st respondent Police is directed to format and delete the files in Page No.7 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 mobile phone, laptop and other electronic gadgets, which are seized during investigation. Thereafter, the same to be handed over to the 1st petitioner.
16.02.2022 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No vv2 To
1.The Inspector of Police, T-6, Avadi Police Station, Thiruvallur District.
2.The Public Prosecutor, High Court, Madras.
Page No.8 of 9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18490 of 2021 M.NIRMAL KUMAR, J.
vv2 PRE-DELIVERY ORDER IN Crl.O.P.No.18490 of 2021 16.02.2022 Page No.9 of 9 https://www.mhc.tn.gov.in/judis