Satish Reddy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.1296 of 2023 Sathish Reddy ... Petitioner Vs.

1.The Inspector of Police, R5, Virugambakkam Police Station, T.Nagar, Chennai.

2.Poornima Reddy ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the FIR in Crime No.737 of 2022 on the file of R5, Virugambakkam Police Station, T.Nagar, Chennai and quash the same. For Petitioner : Mr.A.M.Ravindranath Jayapal For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 Mr.G.Gokul for R2 1 / 4

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No. 737 of 2022, pending on the file of the 1st respondent. 2.From the records, it appears that when the matter came up for admission on 06.02.2023, this Court has ordered notice to the second respondent/defacto complainant and also directed the respondent police to continue with the investigation but defer the filing of the final report. From the perusal of the records, this Court finds that it is the complaint for offences under Sections 498A and 506(i) of IPC lodged by the wife against her husband and in-laws. In view of the Hon'ble Supreme Court judgment rendered in Kahkshan Kausar @ Sonam and Others vs. State of Bihar and others reported in (2022) 6 SCC 599, the matter being matrimonial dispute, the 5th accused, who is the brother of A2 has sought for quash of the complaint against him. Reading of the complaint attributes overt act against the petitioner and only after completion of investigation, whether he has been falsely implicated or not will come to light. Therefore, the Criminal Original 2 / 4

Petition is disposed of with liberty to the petitioner to challenge the final report if necessary after filing the final report. Consequently, connected miscellaneous petition is closed.

18.10.2023 Index : Yes/No ssr To 1.The Inspector of Police, R5, Virugambakkam Police Station, T.Nagar, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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Dr.G.JAYACHANDRAN,J.

ssr and Crl.M.P.No.1296 of 2023 18.10.2023 4 / 4