Madras High CourtCRL OP/6200/2017dismissed

Mrs.N.Prabha, Aged 26 Years, v. The Sub-Inspector Of Police,

2021-12-20Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2021

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.6200 of 2017 Mrs.N.Prabha

...Petitioner/Accused 2

Vs.

1.The Sub-Inspector of Police, Thalaivasal Police Station, Salem District.

2.Mr.R.K.Naveen Rajkumar

...Respondents/Complainant/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the F.I.R in Crime No.331 of 2015 on the file of the first respondent herein and quash the same. For Petitioner :

Mr.L.Rajendiran For Respondent :

Mr.S.Vinoth Kumar Govt.Advocate(crl.side) for R1 R2-No appearance

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.331 of 2015 on the file of the first respondent herein mainly on the ground arising out of matrimonial dispute for the offences under Sections 147, 294 (b), 341, 323, 324 of I.P.C.

2.Learned counsel for the petitioner submitted that the complaint is nothing but motivated and the second respondent with an intention has filed the said complaint only to get divorce from the petitioner. Hence, he prayed to quash the proceedings.

3. The allegation in the FIR itself indicate that there were physical injuries said to have been caused and the Police Report indicate that there are six other criminal cases which have already been filed either by husband or wife including https://hcservices.ecourts.gov.in/hcservices/

their family members. Being a family member, one of the case is also pending for the offence punishable under Section 307 of IPC.

4. Though this court has directed the parties to settle the matter, the parties are at loggerheads. In such view of the matter, FIR cannot be quashed at this stage mainly on the ground of matrimonial dispute, particularly, when physical injuries has been caused. Therefore, the investigation has to reach its logical end. Accordingly, this Criminal Original petition is dismissed.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar msv/nr To 1.The Sub-Inspector of Police, Thalaivasal Police Station, Salem District.

2.The Public Prosecutor High Court, Madras.

Crl. O.P. No.6200 of 2017 SRA (CO) PR (12/01/2022) https://hcservices.ecourts.gov.in/hcservices/