Helen Lilliyan v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN & Crl.M.P.No.12558 of 2024

1. Helen Lilliyan.

2. Stella Mary.

... Petitioners /versus/

1. State Rep. by its, The Inspector of Police, Tiruttani Police Station, Tiruttani District.

Crime No.207 of 2024.

2. M.V.Arnold Edison.

... Respondents Prayer: Criminal Original Petition is filed under Section 428 of Cr.P.C., pleased to quash the First Information Report registered in Crime No.207 of 2024 on the file of the 1st respondent.

For Petitioners : Mr.R.Ezhilarasan For R1 : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to quash the Crime No.207 of 2024 on the file of Inspector of Police, Tiruttani Police Station. 1/5

2. The Learned Counsel appearing for the petitioners states that the 1st petitioner/Helen Lilliyan got married to one Mr.M.V.Arnold Edison. Due to matrimonial dispute, the said M.V.Arnold Edison has given a complaint to Tiruttani Police in Crime No.207 of 2024, dated 19.02.2024 alleging cheating, breach of trust and abused using filthy language.

3. The said complaint is now sought to be quashed on the ground that the matrimonial dispute has led to filing of divorce petition and pending. Further, the 1st petitioner has already given complaint before All Women Police Station, Tiruttani on 09.02.2024 and it is pending in C.S.R stage.

4. To counter blast the said complaint, M.V.Arnold Edison has made a false complaint in F.I.R.No.207 of 2024.

5. The Learned Government Advocate (Crl.Side) for the 1st respondent states that the 1st petitioner and the complainant-M.V.Arnold Edison got married on 04.08.2023. Soon after the marriage, dispute arose between their family members as well as the spouse leading to filing of divorce petition under Section 32 of Hindu Marriage Act and same is pending before Sessions Court, Cuddalore in I.D.O.P No.80 of 2024. Meanwhile, the complaint which is 2/5

impugned in this quash petition filed by Arnold Edison. C.S.R is pending initiated by 1st petitioner and under enquiry by the All Women Police Station, Tiruttani. Since, there is a prima facie material in the complaint given by Arnold Edison, the Tiruttani police is investigating the case. The complaint of the 1st petitioner which is pending on the file of All Women Police Station, if necessary can be transferred to same Investigating Officer so as to have a proper investigation without any multiplicity of proceedings.

6. This Court taking note of the fact that the crux of the complaints made against each other is regarding the matrimonial dispute and the behaviour of the spouse. Hence, it is appropriate that the Crime No.207 of 2024 registered at the instance of M.V.Arnold Edison as well as the complaint of the 1st petitioner/Helen Lilliyan, dated 09.02.2024 which is in C.S.R stage before the All Women Police Station, Tiruttani to be entrusted to one and same Investigating Officer for investigation. For the said purpose, the Deputy Superintendent of Police, Tiruttani shall pass appropriate administrative order for transfer of both the complaints to one Investigating Officer with instruction that investigation to be completed within a period of four months from the date of entrustement.

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7. With this above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 19.10.2024 Index : Yes/No : Yes/No bsm To:-

1. The Inspector of Police, Tiruttani Police Station, Tiruttani District.

2. The Public Prosecutor, High Court, Madras. 4/5

Dr.G.JAYACHANDRAN, J bsm 19.10.2024 5/5