L.Mohan Raj v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.14278 of 2025 and Crl.M.P.No.9947 of 2025

1. L.Mohan Raj

2. Vishnu ... Petitioners Vs.

1. The State rep. by The Inspector of Police Periyanaickenpalayam Police Station Coimbatore

2. K.Janaki ... Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records and to quash the First Information Report in Crime No.290 of 2024 dated 03.05.2024 pending investigation on the file of the respondent. For Petitioners : Mr.C.S.Jeeva Kuralamudhu For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed by the petitioners to quash the FIR Crime No.290 of 2024 dated 03.05.2024 pending investigation on the file of the first respondent police.

2. The case of the prosecution is that the petitioners along with other accused, trespassed into the house of the defacto complainant and attacked the defacto complainant and her daughter-in-law and also abused them in filthy language. Further, they damaged the household articles. Hence, based on the complaint given by the defacto complainant, the FIR came to be registered against the accused persons in Crime No.290 of 2024 for the offence under Sections 448, 294(b), 323 and 427 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioners arraying them as A1 and A3. He further 2/6

submitted that pending investigation, the petitioners' father namely A2 died. The fact remains that the petitioners' father/A2 had lodged a complaint against the son of the defacto complainant herein and the same has been registered in Crime No.289 of 2024 dated 03.05.2024 for the offence under Sections 427 and 448 of IPC and as a counter blast, the present case has been foisted against the petitioners. He further submitted that, already there is a civil dispute between the parties and that the defacto complainant is trying to give criminal colour to the civil dispute. Hence, he prayed to quash the FIR against the petitioners.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the first respondent police and also perused the materials available on record.

5. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with. 3/6

6. A reading of the contents of the FIR and also the complaint shows prima facie allegations against the petitioners. Therefore, this Court is not inclined to quash the FIR.

7. The respondent police is directed to complete the investigation and file the charge sheet within a period of two months from the date of receipt of a copy of this order.

8. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. 03.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Inspector of Police Periyanaickenpalayam Police Station Coimbatore

2. The Public Prosecutor High Court of Madras 5/6

P.VELMURUGAN. J.

Ksa-2 03.06.2025 6/6