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Madras High CourtCRL OP/10464/2025dismissed

P.Deivasigamani v. The State Represented By

2025-06-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.10464 of 2025 and Crl.M.P.Nos.6987 & 6988 of 2025

1. P.Deivasigamani

2. D.Revathy ... Petitioners Vs.

1. The State represented by, The Inspector of Police, AWPS Police Station East, Coimbatore District.

2. Aarthi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records and to quash the final report in C.C.No.304 of 2025 filed on the file of the Additional Mahila Court, Coimbatore. For Petitioners : Mr.A.Sundaravadhanan For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) R2 : Appeared in person

O R D E R

This Criminal Original Petition has been filed to call for the records and to quash the final report in C.C.No.304 of 2025 on the file of the Additional Mahila Court, Coimbatore.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. Learned counsel for the petitioners submitted that pending C.C.No.304 of 2025, on the file of the Additional Mahila Court, Coimbatore, the parties had arrived at a settlement. However, in order to ascertain the same, this Court directed the victim to appear before this Court on 11.06.2025. Today, when the matter is taken up for hearing, the second respondent/de-facto complainant appeared and she has stated that neither compromise nor settlement was entered into between them.

4. On a reading of the charge sheet and the statement recorded

from the de-facto complainant and other witnesses, it is seen that the witnesses have clearly spoken about the involvement of the petitioners in the offences alleged in the charge sheet. Prima-facie materials are available as against the petitioners to proceed the case further. The grounds taken by the petitioners are nothing but defences which can be agitated only during the course of trial and not at this stage.

5. Therefore,, this Criminal Original Petition is dismissed. Consequently, connected CMP No.6987 of 2025 is also dismissed. However, the petitioners are at liberty to work out their remedy before the trial Court.

6. Considering the age of the petitioners, personal appearance of the petitioners before the trial Court is dispensed with. However, the petitioners have to appear before the trial Court as and when their presence is required.

11.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. Additional Mahila Court, Coimbatore.

2. The Inspector of Police, AWPS Police Station East, Coimbatore District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.10464 of 2025 and Crl.M.P.Nos.6987 & 6988 of 2025 11.06.2025