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Madras High CourtCRL OP/12876/2021disposed of

M.Sadaiyammal v. The Superintendent Of Police

2021-07-28Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.12876 OF 2021 M.Sadaiyammal ... Petitioner

Versus

1. The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District - 606303.

3. Maruthamuthu ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents/police to provide police protection to the petitioner by considering petitioner's representation dated 12.07.2021. For Petitioner : Mr.D.Muthuselvam For Respondents : Mr.A.Damodaran, Government Advocate (Crl.side)

ORDER

The petitioner is estranged wife of Maruthamuthu, who has filed this petition seeking police protection.

2. The contention of the petitioner is that she was forced to marry one Maruthamuthu, who is her maternal uncle, twelve years prior, by her parents. Out of the said marriage, they had no issues. The petitioner would state that she was continuously forced by her relatives to live with him/second respondent herein. Later, she left from the matrimonial house and joined one Factory at Tiruppur District to eke out her livelihood. In

the meantime, the second respondent/husband had lodged a women missing complaint on 16.06.2021 and a case in Crime No.195 of 2021 was registered by the Ramanatham Police Station. At the time of enquiry, she had made her intentions clear that she is not willing to continue to live in the matrimonial home and now, she is working at Tiruppur on her own volition and living happily and comfortably with the present life. Further, she informed that she intends to file divorce petition. Recording the same, and finding petitioner is a major, the case was closed as "Action dropped" on 05.07.2021, thereafter, her estranged husband/Maruthamuthu, her mother, and her relatives are calling her constantly and threatening her. Hence, the present petition.

3. The learned Government Advocate (crl.side) appearing for the first and second respondent submitted that in the case in Crime No.195 of 2021, enquiry was conducted, the statement of the petitioner was obtained and thereafter, the case was closed as "Action dropped" on 05.07.2021. As of now, there is no petition pending, requiring the second respondent to call the petitioner for enquiry. The allegaion of harassment from family members is purely a family dispute.

4. Considering the submission made by the learned Government Advocate (crl.side), the second respondent is directed to inform the third respondent not to cause any further harassment to the petitioner and to refrain from any act of harassment to the petitioner and it is open to the third respondent to seek legal remedies, and not to harass the petitioner.

5. In view of the same, there is nothing survives for further adjudication, hence, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar klt To

1. The Superintendent of Police, Office of the Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station, Cuddalore District - 606303.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.NO.12876 OF 2021 RR(CO) PBS/19/08/2021