Nusrath Fathima v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.6045 of 2024 1.Nusrath Fathima 2.L.Nissar Ahmed ... Petitioners Vs.

1.The Inspector of Police, Puzhal Police Station, Chennai.

2.Ambika ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the FIR in Crime No.53 of 2024 dated 26.01.2024 on the file of the 1st respondent police and quash the same as abuse of process of law. For Petitioners : Mr.M.Sridhar For R1 : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the Crime No.53 of 2024 dated 26.01.2024 on the ground that it is a false complaint to counter blast the complaint given by the petitioner herein against the defacto complainant, which is registered in Crime No.52 of 2024 for offence under Sections 294(b), 323, 324 & 506(i) IPC. 2.

The reading of the FIR against this petitioner indicates that there was some misunderstanding between the apartment owners and that has ended in physical clash. The case and case in counter been registered and under investigation. At this stage, Court cannot interfere in the investigation to quash the FIR, when there is an element of criminality made out.

3.

Hence this Criminal Original Petition to quash is dismissed with direction to the respondent police to complete the investigation in both Crime No.53 of 2024 against this petitioner and Crime No.52 of 2024 initiated on the complaint of this petitioner against the 2nd respondent and file final report within the period of three months from the date of receipt of copy of this order. Based on the out come of the 2/4

final report, the petitioner shall work out their remedy in accordance with law. Consequently, the connected Criminal Miscellaneous Petition is closed.

05.04.2024 Index : Yes/No rpl To 1.The Inspector of Police, Puzhal Police Station, Chennai.

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

Dr.G.JAYACHANDRAN,J.

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