Prema v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20763 of 2015 and M.P.No.1 of 2015 Mrs.Prema .. Petitioner Vs 1.The State Rep. By the Inspector of Police, All Women Police Station, Sriperumbudur.

(Cr.No.4/2015) 2.Mrs.G.Supriya .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in FIR No.4 of 2015 pending on the file the first respondent police and quash the same. For Petitioner : Ms.P.Anitha for M/s.S.Ramasamy Law For Respondents : Mr.C.Emalias, Addl. Public Prosecutor for R1

ORDER

This petition has been filed by the petitioner/A5 to quash the FIR in Crime No.4 of 2015 that has been registered on 11.07.2015 for the offences under Sections 498(A), 494 and 506(i) IPC and Section 4 of Dowry Prohibition Act on a complaint lodged by the second respondent herein.

2. On a reading of the FIR, this petitioner has been referred to as "rpd;d khkpahh;" meaning thereby that she is the sister of the defacto complainant's mother-in-law. The allegation in the FIR is that the husband and parents-in-law of the defacto complainant were demanding more and more dowry and are subjecting the defacto complainant to cruelty. There are no serious allegations as against the petitioner in the FIR.

3. According to the petitioner she is not living in the joint household and she is living separately with her family. It is also stated that the petitioner has been granted anticipatory bail by the Court.

4. Under such circumstances, this Court is of the view that the entire FIR cannot be quashed at this stage, as the FIR https://hcservices.ecourts.gov.in/hcservices/

discloses the commission of cognizable offence for investigation by the police though there are no allegations against the petitioner herein.

5. Hence, this Court directs the respondent police to conduct a fair investigation and if no materials surface as against this petitioner, she should have to be excluded in the final report, if filed.

With the above observation, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar vsm To 1.The Inspector of Police, All Women Police Station, Sriperumbudur.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s..S.Ramasamy Law Associates, Advocate Sr.No.43899 Crl.OP No.20763 of 2015 rsk(co) pmk.3.9.2015 https://hcservices.ecourts.gov.in/hcservices/