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Madras High CourtCRL OP/2739/2021allowed

Balasubramanian (A2) v. State Rep By

2021-03-16Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.2739 of 2021

1. Balasubramanian

2. Kalavathy

3. Bhavani ..Petitioners/Accused vs.

The State rep. by The Inspector of Police, W-18, All Women Police Station, MKB Nagar, Chennai.

..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the FIR in Crime No.10 of 2019 pending on the file of the 1st respondent.

For Petitioners: Mr.K.Bommuraj For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the FIR in Crime No.10 of 2019 pending on the file of the 1st respondent. 2.The defacto complainant who is the wife of A1 gave a complaint to the respondent police and based on the same the FIR was registered in Crime No.10 of 2019 for offences under Sections 498(A), 354, 506(i) and Section 4 of the Dowry Prohibition Act.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

4.A careful reading of the complaint given by the defacto complainant shows that most of the allegations are directed against her husband. The petitioners are father-in-law, mother-in-law and sister-in-law. It is reported that the defacto complainant died on 22.02.2020. The investigation is still pending and there is no progress.

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5.In view of the above, no useful purpose will be served in keeping the First Information Report pending against the petitioners and the allegations made against them are general in nature.

6.Accordingly, the FIR in Crime No.10 of 2019 pending on the file of the respondent police is quashed insofar as the petitioners are concerned. The respondent police shall proceed further with the investigation insofar as A1 is concerned and shall file a final report or a closure report, as the case may be, within a period of two months from the date of receipt of a copy of this order.

7.This criminal original petition is allowed with the above directions.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, W-18, All Women Police Station, MKB Nagar, Chennai.

2. The Public Prosecutor, High Court of Madras, Madras.

AKM/09.04.21/2P-3C/ Crl.OP No.2739 of 2021 16.03.2021 https://hcservices.ecourts.gov.in/hcservices/