Saraswathi v. The State Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.18991 of 2023 and Crl MP No.12705 of 2023 Saraswathi

...Petitioner

Vs.

1.The State Represented by The Inspector of Police, Tirupattur Police station, Tirupattur District.

..Respondent/ Complainant

2. Thirunavukkarasu

...Respondent/

Defacto complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pursuant to the Crime No.93 of 2023 dated 21.02.2023 on the file of 1st respondent police and quash the same insofar as the petitioner is concerned by allowing this Criminal Original petition.

For Petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mr.A.Damodaran for R1 Additional Public Prosecutor

ORDER

This petition has been filed to quash the FIR in Crime No.93 of 2023 pending on the file of the 1st respondent. 2.

Heard Mr.Krishnasamy Chinnasamy, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of 1st respondent. 3.

The 2nd respondent is the father of the petitioner has given a complaint to the effect that his daughter went missing from 16.02.2023 and thereafter, her whereabouts are not known. Based on this complaint, the 1st respondent registered an FIR in Crime No.93 of 2023.

4.

The petitioner has come forward with this petition on the ground that she was treated with cruelty in the matrimonial home and hence, she voluntarily came out of the house and she is now taking care of herself independently and is pursuing Ph.d in Scared Heart

College at Thiruppatur. It is further stated in the petition that she has also filed a petition seeking for divorce on the ground of cruelty. According to the petitioner, the complaint itself has been given only to harass her and to compel her to come back to the matrimonial home. 5.

In the considered view of this Court, taking into consideration the specific stand taken by the petitioner, the 1st respondent shall record this order and close the FIR registered in Crime No.93 of 2023. The dispute between the petitioner and her husband and other family members will be independently worked out before the competent Court.

6.

This Criminal Original petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. 21.08.2023 Index: Yes/No Internet: Yes/No rka

To 1.The State Represented by The Inspector of Police, Tirupattur Police station, Tirupattur District.

2. The Public Prosecutor, High Court, Madras

N.ANAND VENKATESH.J., rka CRL.O.P No.18991 of 2023 and Crl MP No.12705 of 2023 21.08.2023