J. SHRIRAM KUMAR Vs. STATE

JUDGEMENT

(1.) The present quash petition in CRL OP(MD)No.19451 of 2023 is filed under Sec. 482 of Cr.P.C. to quash the impugned charge sheet filed by the 1 st respondent in C.C.No.249 of 2023, on the file of the Judicial Magistrate, Melur. The present quash petition in CRL OP(MD)No.21156 of 2023 is filed under sec. 482 of Cr.P.C. to quash the impugned order dtd. 4/11/2023 passed in Crl.M.P.No.3851 of 2023 in C.C.No.249 of 2023, on the file of the Judicial Magistrate, Melur and to quash the same.

(2.) The 1st petitioner namely J.Shriram Kumar is the husband of the 2nd respondent / defacto complainant (in CRL OP(MD)No.19451 of 2023) namely Akino. The case of the prosecution in the Final Report is that on 11/5/2023 the husband along with other petitioners had assaulted and abused the 2nd respondent wife. Hence the FIR was registered in Crime No.301 / 2023 dtd. 12/5/2023 for the alleged offences under Sec. 294(b), 323, 355 and 506(2) of the Indian Penal Code and sec. 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and final report is filed in C.C.No.249 of 2023. The husband had filed quash petition in CRL OP(MD)No.19451 of 2023 to quash the said C.C.No.249 of 2023. For the same cause of action, the husband had filed FIR in Crime No.302 of 2023 against the wife and her parents and relatives and the same was closed as mistake of fact. When the things stood thus, the 1st petitioner filed Crl.O.P.No.8992 of 2023 seeking anticipatory bail and the same came to be granted by High Court vide order dtd. 18/5/2023. The condition imposed was also completely relaxed by the Court vide order dtd. 11/7/2023. Subsequently when the petitioner was about to leave India for his avocation, he was intercepted and prevented from going abroad on the ground that a "Lookout Circular" was issued by the Superintendent of Police, Madurai. Aggrieved over the same the husband had Crl.O.P.No.15065 of 2023 and the High Court vide order dtd. 10/10/2023 directed the husband to approach the concerned Court to seek permission to trave abroad. In the aforesaid background the petitioner had preferred Crl.M.P. 3851 of 2023 to set aside the lookout circular and prayed to travel abroad. The same was dismissed vide order dtd. 4/11/2023. Challenging the same CRL OP(MD)No.21156 of 2023 is filed.

(3.) Heard Mr.S.R.Raghunathan, the Learned Senior Counsel for M/s.S.M.Arun Kumar appearing for the petitioners 1 to 3, Mr.A.S.Abul Kalaam Azad the Learned Government Advocate (Crl.side) appearing for the prosecution and Mr.Jegadeesh Pandian, for the defacto complainant and there is no appearance for the 4th petitioner and perused the records. After hearing the rival submissions, this Court has given its anxious consideration.