SARATHKUMAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceeding in S.C.No.224 of 2015, on the file of the VI Additional City Civil Court, Chennai, thereby taken cognizance for the offence under Sec. 306 of IPC, as against the petitioner.

(2.) The petitioner is arrayed as A2. The case of the prosecution is that the deceased Sivanesan is the cousin of the defacto complainant. The first accused viz., Mala @ Manimala is a married woman and she has got two children and she used to visit Muneeswaran Temple near the house of Sivanesan frequently. During such time, the deceased Sivanesan had friendship with A1 and over the days it developed into illicit intimacy. While so, the petitioner/A2 and his mother Amutha, Amutha's friend, Mala/A1, Muneeswaran Temple Poojari - LW4 and Trans-gender Shanthini became friends and due to the friendship they often visited the temple.

(3.) While being so, one month prior to the occurrence A1 severed the friendship with the deceased Sivanesan and developed close friendship with the petitioner/A2, due to which, the deceased was depressed. On 4/5/2014, the deceased Sivanesan, A1, A2, LW5 and Amutha gone to conduct special pooja at Muneeswaran Temple and there A1 had been close to the petitioner/A2 leaving deceased Sivanesan. When the deceased Sivanesan started to question the first accused, she had stated that he is no more needed and she is going to live with the petitioner/A2 herein and had told him that go with any body or go and die, due to which the deceased Sivanesan got depressed and on 5/4/2014 at 2.00am he committed suicide by consuming poison.