Ramakkal, F/A.54 v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11483 of 2018 & Crl.M.P.No. 5969 of 2018 Ramakkal ... Petitioner/Accused Vs

1. State rep. by The Inspector of Police T-13 Kundrathur Police Station Chennai - 600 069.

2. Karpagam ... Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the proceedings in Crime No. 119/2018 pending on the file of the Inspector of Police, T-13 Kundrathur Police Station, Chennai against the petitioner and pass such orders. For Petitioner : Mr. G. Padmanapan For Respondents : Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side) for R1

ORDER

The relief sought for in this petition is to quash the proceedings in Crime No. 119/2018 pending on the file of the Inspector of Police, T-13 Kundrathur Police Station, Chennai against the petitioner.

2. On the complaint lodged by Karpagam, the respondent police has registered a case in Cr. No. 119/2018 on 25.01.2018 under Sections 294(b), 324, 506 (ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 against three accused. Challenging it, the 2nd accused is before this Court. It is the case of the defacto complainant that she was married to the 3rd accused and after divorce, she got legally married to the 1st accused, through whom she has got a mentally challenged child. The 1st accused was working in the police department and after his retirement he has developed intimacy with the 2nd accused and started living with the 2nd accused. It is the case of the defacto complainant that she went to the house of the 2nd accused to https://hcservices.ecourts.gov.in/hcservices/

seek justice and at that time, the 2nd accused had assaulted her. Hence, the FIR.

3. Since there is prima facie materials in the complaint, which requires a thorough investigation, the FIR cannot be quashed. However, the respondent police is directed to expeditiously complete the investigation in Cr. No. 119/2018 and either file a closure report or a final report, as the case may be.

4.

The Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar avr To

1. The Inspector of Police T-13 Kundrathur Police Station Chennai - 600 069.

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

+ 1 cc to Mr. G. Padmanapan, Advocate Sr.28282 Crl.O.P.No.11483 of 2018 & Crl.M.P.No. 5969 of 2018 RJ(CO) EU(08/05/2018) https://hcservices.ecourts.gov.in/hcservices/