D.SANTHANAM Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR in Crime No.07 of 2021, pending on the file of the 1st respondent Police.

(2.) The 2nd respondent lodged a complaint against the petitioners before the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur. On receipt of the same, the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur, by order, dtd. 25/9/2020 in Crl.M.P.No.1121 of 2020 forwarded the complaint under Sec. 156(3) of Cr.P.C., to the 1st respondent Police and directed to register a case if cognizable offence is made out. On receipt of the same, the 1st respondent Police registered a case in Crime No.07 of 2021 against the petitioners for offence under Ss. 376(2)(n), 417, 420, 506(ii) and Sec. 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002.

(3.) The gist of the case is that the 2nd respondent/defacto complainant is an Advocate (Enrolment No.2361 of 2015) by profession and is practising in Madras High Court and various Courts in and around Chennai. The 2nd respondent got married in the year 2009 with one T.N.Viswanath. Out of their wedlock, she gave birth to a male child and her husband is working in South Africa and he visited India lastly during the month of March 2015. During the month of April 2015, the 2nd respondent developed friendly relationship with the 1st petitioner, who is presently employed as Judicial Magistrate No.II, Chidambaram. The 1st petitioner and the 2nd respondent got introduced through the social media viz., -Nimbuzz-. Initially, they started to meet regularly in public places and were discussing about the cases. Whenever the 2nd respondent had legal doubts, the same were clarified by the 1st petitioner. Slowly, the 1st petitioner disclosed his family status that he is living separately with his mother at Iyyappanthangal and had ambition to pass Civil Judge Exam.