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Madras High CourtCRL OP/20318/2023dismissed

V.C.Shanmugam v. Inspector Of Police

2025-01-27Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 27.01.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.Nos.13815 of 2023 and 1113 of 2025 ---

1. V.C.Shanmugam

2. Elavarasi

3. Sridhar

4. Sudhagar

5. Siyamaladevi @ Shamila (as mentioned in the FIR)

6. Sumathi .. Petitioners Vs.

1. Inspector of Police, Cuddalore, Cr.No.9 of 2022, All Women Police Station, Cuddalore.

2. Karkuzhali .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for entire records C.C.No.461 of 2022 on the file of Additional Mahila Court, Cuddalore and to quash the same.

For petitioners : Mr.Ali Hassan Khan For respondents: Mr.S.Sugendran, Addl.P.P for R-1 Mr.P.Suresh Babu for R-2 1 / 4

ORDER

This petition is filed by against A2 to A7 seeking to quash C.C.No.4461 ;of 2022 on the file of the Additional Mahila Court, Cuddalore.

2. Learned counsel for the petitioners submitted that there are no allegations against the petitioners. They are only family members and the dispute between the parties, is only family dispute. In order to take vengeance, they have filed a false case against the petitioners and already, case in H.M.O.P.No.334 of 2022 is pending on the file of the Family Court, Cuddalore.

3. Therefore, in the above circumstances, there is nothing to proceed further against the second respondent, as they are only relatives. There is no specific overt act against the petitioners.

4. Heard both sides and perused the materials available on record.

5. From the FIR, charge-sheet and the statements recorded from the witnesses, especially the de-facto complainant and eye-witness, it is seen that there is specific overt-act against the petitioners also. There are allegations against the petitioners also. Therefore, this Court finds that there are no grounds to quash C.C.No.461 of 2022. The grounds taken by the petitioners are only defence and they are matters for trial and those grounds can be decided only 2 / 4

after trial and not at this stage.

6. Hence, this petition is dismissed. Consequently, Crl.M.P.Nos.13815 of 2023 and 1113 of 2025 are closed.

27.01.2025 cs To

1. Inspector of Police, Cuddalore, Cr.No.9 of 2022, All Women Police Station, Cuddalore.

2. The Public Prosecutor, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 27.01.2025 4 / 4