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Madras High CourtCRL OP/4513/2022disposed of

M.Deivamani v. State Of Tamil Nadu

2022-03-01Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.4513 OF 2022 AND CRL.M.P.NO.2310 OF 2022

1. M.Deivamani

2. M.Karuppiaya

3. M.Karthick

4. C.Nallathambi

5. Poosaimuthu

6. Abdul Aleem ... Petitioners -Vs1. The State Rep. by The Inspector of Police, District Crime Branch, Perambalur District, Perambalur - 621 212.

Crime No.7 of 2020

2. Anaimuthu ... Respondents PRAYER:- Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to quash the FIR registered against the petitioners in Crime No.7 of 2020 on the file of the respondent.

For Petitioners :

Mr.P.Mani For Respondents :

Mr.A.Gokulakrishnan for R1 Additional Public Prosecutor R2 - No appearance

O R D E R

This Criminal Original Petition has been filed to quash the FIR registered against the petitioners in Crime No.7 of 2020 on the file of the respondent.

2. Learned counsel for the petitioner would submit that the de facto complainant and the petitioners are relatives. There are several litigation pending between the parties before the Civil Court. However, a case of civil suit has been falsely projected as a case of forgery and fabrication of documents. Based on the false complaint, the respondent police had registered a case against the petitioners.

3. Learned Additional Public Prosecutor would submit that pendency of a civil case between the parties cannot be a ground to quash the proceedings of criminal offence made out against the petitioner. However, if the petitioner produces the relevant documents, it will be considered by the respondent during the course of investigation.

4. Heard the learned counsel and perused the materials available on record.

5. Having perused and examined the grounds raised by the petitioners, which are factual in nature, this Court is of the considered view that there is no legal points to quash.

6. In view of the above, this Criminal Original Petition stands disposed of. However, direction is issued to the petitioners to furnish the documents relied on by them to the Investigating Officer. The Investigating Officer shall take into consideration the documents and proceed with the investigation in accordance with law. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar nr/ham To 1.

The Inspector of Police, District Crime Branch Perambalur District Perambalur - 621 212.

2.

The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.4513 OF 2022 AND CRL.M.P.NO.2310 OF 2022 BR(CO) PBS/17/03/2022