Penchalamma @ Kuttiamma v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.29220 of 2015 1.Penchalamma @ Kuttiamma 2.Baskar 3.Penchilamma 4.Penchelaiah 5.P.Penchelaiah 6.Nagamma 7.Padmavathy ... Petitioners ..Vs..

1.

State rep. By The Inspector of Police, W.20, All Women Police Station, Saidapet, Chennai.

2.

J.Hemabala ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records and quash Cr.No.2 of 2015 against the petitioners pending on the file of the 1st respondent.

For Petitioners : Ms.Rohini Ravikumar For 1st Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking to call for the records and quash Cr.No.2 of 2015 against the petitioners pending on the file of the 1st respondent.

2.

The 2nd respondent herein is the defacto complainant. She lodged a complaint with the police on 22.05.2014 against her husband, Dr.Ramkumar (A1), who is an Assistant Professor at Indian Institute of Technology (IIT), Madras and the petitioners herein (A2 to A8) and a case was registered in Crime No.2 of 2015 for the offences under Sections 498(A), 406, 506(ii) IPC and Section 4 of Dowry Prohibition Act r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The petitioners herein are none other than the in-laws of the defacto complainant and friends of A1.

3.

Learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case and that they are residing far away. He would contend that the entire allegation made against the petitioners is false and prayed for quashing the complaint against them. 4.

Learned Additional Public Prosecutor would submit that investigation in this case is under progress. 5.

In my considered opinion, since investigation is under progress, there is no scope for quashing the F.I.R. and the present petition is pre-mature in nature. Furthermore, I am of the opinion that during the course of investigation, there is a possibility of giving up these petitioners. Therefore, at this stage, I cannot entertain this petition.

6.

Hence, this Criminal Original Petition is dismissed as Final Report is filed against the petitioners. However, the petitioners are are at liberty to approach this Court at the earliest point of time. Consequently, connected M.P.No.1 of 2015 is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar aeb

To :

1.The Inspector of Police, W.20, All Women Police Station, Saidapet, Chennai.

2.The Public Prosecutor, High Court, Madras.

+ 1 CC TO Ms.Rohini Ravikumar, ADVOCATE SR 1911 (01/02/16) Crl.O.P.No.29220 of 2015 KK(CO) CA(20/01/2016)