K.Saraswathy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. K.Saraswathy

2. Padmavathy ... Petitioners Vs

1. The Inspector of police Singanallur police station, Coimbatore City, (Crime No.492 of 2023)

2. Amsavalli ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records and quash the FIR dated 25.10.2023 in Crime No.492 of 2023 on the file of Singanallur police station, Coimbatore city. For Petitioners : Mr.D.Baskar For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.492 of 2023 on the file of the first respondent.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.

3. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No.492 of 2023 for the offences punishable under Sections 294(b), 323, 324 and 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, alleging that the first petitioner married the son of the second respondent. Due to matrimonial dispute, the first petitioner and the son of the second respondent are living separately. It is alleged that the accused visited the house of the defacto complainant, abused the defacto complainant in filthy language and assaulted the defacto complainant and her son, thereby causing injuries to them.

4. It is seen that for the very same occurrence, the first petitioner lodged a complaint and the same has been registered in Crime No.491 of 2023 for the offences punishable under Sections 323, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. Therefore, the first petitioner also sustained injury. Now, the petitioners have no objection to quash

both the FIRs. That apart, already there is a matrimonial dispute between the first petitioner and the second respondent and they are living separately.

5. In view of the above, in order to meet the ends of justice, the impugned FIR cannot be sustained as against the petitioner and is liable to be quashed. Accordingly, the FIR in Crime Nos.491 and 492 of 2023, on the file of the first respondent are hereby quashed.

6. In the result, this Criminal Original Petition is allowed. 30.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of police Singanallur police station, Coimbatore City.

2. The Public Prosecutor, High Court, Madras.

30.04.2025