Junaitha v. State of Tamil Nadu

Madras HC30 Jan 2025CRL OP(MD)/1862/2025

Case brief

AI extract

What is this about?

Madras HC (Madurai Bench) closed a Criminal Original Petition under Section 528 BNSS seeking police protection after the respondent husband gave an undertaking not to enter the petitioner's house or threaten her and the children, and the police complaint was closed on that basis. No further adjudication required.

What did the court decide?

Petition closed; no further relief granted as matter resolved by undertaking ¶¶23-¶24

Junaitha Vs State of Tamil Nadu — Madras HC (2025) — LawSathi Research

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Crl.O.P.(MD)No.1862 of 2025

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THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 30.01.2025

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CORAM

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.(MD)No.1862 of 2025

Junaitha

... Petitioner

Vs.

State of Tamil Nadu through 1.The Superintendent of Police, Kanyakumari, Kanyakumari District.

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2.The Sub-Inspector of Police, Thucklay Police Station, Kanyakumari District.

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3.S.Hakkim ... Respondents

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PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to give a police protection for the petitioner and her family members life and limb based on the representation dated 17.01.2025 in accommodation with law.

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For Petitioner : Mr.R.Maheswaran For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) \

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.1862 of 2025

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ORDER

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The petitioner estranged wife of third respondent had lodged a complaint to the respondent police on 18.01.2025 stating that her husband had entered into her house and assaulted her as well as children demanding property and also, threatened them. The subject property was purchased by the petitioner's parents in the joint name of the petitioner and the third respondent, which now the third respondent takes advantage and had attacked the petitioner and children. Hence, sought for protection.

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The learned Government Advocate (crl.side) submitted that on the complaint of the petitioner dated 18.01.2025, CSR.No.163 of 2025 was assigned on the same day. The third respondent and the petitioner were summoned and the third respondent had given an undertaking letter that he will not enter into the house of the petitioner and cause any threat or assault to the petitioner as well as children. On receipt of the letter, recording the same, complaint has been closed. In view of the same, nothing survives for further adjudication in this petition.

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2/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.1862 of 2025

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