Vetri Alias Vertri Murugesan vs The State Of Tamil Nadu
2021 Latest Caselaw 23906 Mad

Citation : 2021 Latest Caselaw 23906 Mad
Judgement Date : 6 December, 2021

Madras High Court

Vetri Alias Vertri Murugesan vs The State Of Tamil Nadu on 6 December, 2021

                                                                           CRL.O.P.No.24788 of 2017
                                                                and CRL.MP.Nos.14312 & 14313 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.12.2021

                                                     CORAM:

                                   THE HON'BLE MR.JUSTICE N.SATHISH KUMAR

                                              CRL.O.P.No.24788 of 2017
                                        and CRL.MP.Nos.14312 & 14313 of 2017


                     Vetri alias Vertri Murugesan                           ... Petitioner


                                                          Vs.

                     1.The State of Tamil Nadu
                     Rep by its Inspector of Police
                     N-3, Muthiyalpettai Police Station
                     Chennai – 600 001.

                     2.V.T.R.A.Rose                                        ...Respondents



                     PRAYER: Criminal Original Petition filed under Section 482 of the
                     Code of Criminal Procedure, pleased to call for the records pertaining to
                     impugned final report, taken on file on C.C.No.2660 of 2017, on the file
                     of XVI Metropolitan Magistrate Court, George Town at Chennai and
                     quash the same as illegal, arbitrary and abuse the process.



                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis
                                                                               CRL.O.P.No.24788 of 2017
                                                                    and CRL.MP.Nos.14312 & 14313 of 2017

                                        For Petitioner     : Mr. R.Veeramani

                                        For R1             : Mr.R.Kishore Kumar
                                                             Government Advocate (Crl. Side)

                                        For R2             : No Appearance


                                                            ORDER

This petition has been filed to quash the final report filed against

the petitioner u/s.294(b), 448, 506(1) and Section 4 of the Protection of

harassment of Woman Act.

2.The main contention of the learned counsel for the petitioner is

that Section 4 of the TN Protection of harassment of woman is not

applicable to the facts and circumstances of the case alleged, since the

alleged prosecution indicates that when the accused went to demand the

loan amount, he is alleged to have abused the defacto complainant in

front of the house. The learned counsel also relied on the judgment of

this Court reported in 2010 SCC online Madras 5348 wherein in

paragraph No.6 it has been held as follows:

“6.The Court is of the considered opinion that the

https://www.mhc.tn.gov.in/judis CRL.O.P.No.24788 of 2017 and CRL.MP.Nos.14312 & 14313 of 2017

words 'any other place' found in Section 4 are to be read 'ejusdem generis'. The Tamil Nadu Prohibition of Harassment of Women Act, 1998 when originally enacted consisted of 10 sections and came into force on 30.07.1998. The offences u/s. 4-A Harassment death, 4-B Harassment suicide and 4-C Presumption as to harassment death and abetment of harassment suicide have been included under subsequent amendments of the year 2002. Confining ourselves to the offence contemplated u/s. 4 and looking into the objects and reasons of the enactment not towards informing ourselves of the amplitude of the Act but towards understanding the idea behind it, we find that the enactment was intended as a measure to eradicate eve teasing in public places. The Act informs what would constitute harassment in general terms in Section 3 and while prescribing a penalty for harassment under section 4 restricts the same to harassment committed at particular places. Proceeding further, we find that u/s 5 & 6, responsibilities are cast upon persons in-charge of educational institutions, temple or other places of worship, cinema theatre or any other precinct and upon the crew of a public service vehicle or vessel. This Court considers it reasonable to hold that section 4 of the Act was meant to deal with offences

https://www.mhc.tn.gov.in/judis CRL.O.P.No.24788 of 2017 and CRL.MP.Nos.14312 & 14313 of 2017

occurring in the places informed or in places of like nature. If not so read, the mention of the particular places in section 4 would be rendered redundant and such could not have been the legislative intent. “

3.Such view of the matter, the trial Court is directed not to take

cognizance of the offence under Section 4 of the TN Protection of

harassment of Woman Act. As far as other materials are concerned, it is

materials are available against other offence committed by the petitioner.

Hence, the trial Court is hereby directed to dispose of the main trial

taking into consideration of the judgment referred supra and dispose of

the trial within a period of three months from the date of receipt of a copy

of this order.

4.With the above direction, this Criminal Original Petition is

dismissed. Consequently, the connected miscellaneous petitions are also

dismissed.

06.12.2021