Kulasekar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN and Crl.M.P.No.15500 of 2023 1.Kulasekar 2.Mrs.Punithavathy ...

Petitioners Vs.

1.The Inspector of Police, AWPS - East Police Station.

Crime No.30 of 2023 2.Nithyasri ...

Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.30 of 2023 on the file of the Inspector of Police, AWPS - East Police Station, Coimbatore and quash the proceedings against the petitioners concern. For Petitioners : Mr.N.Vijayaraj For Respondent : Mr.S.Rajakumar, No.1 Additional Public Prosecutor

O R D E R

Petition to quash the FIR in crime No.30 of 2023 dated 26.04.2023 for

the offences under Sections 294 (b), and 498 (A) IPC against the petitioners. 2.The petitioners are father-in-law and mother-in-law of the informant Nithyasri. Referring the decision in Arnesh Kumar Vs. State of Bihar and Anr. the petitioners want to quash the complaint as abuse of process of law.

3.The reading of complaint, which specific allegations of demand of dowry by this petitioners at the time of marriage and thereafter, been made out and overtact of the cruelty alleging the complaint which requires investigation. The allegations require to be investigated and without investigation, complaint cannot be quashed on presumption that the petitioners are innocent.

4.In view of the above, the criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed. 18.10.2023 Index : Yes / No Internet: Yes/No sms

To 1.The Inspector of Police, AWPS - East Police Station.

Crime No.30 of 2023

2. The Public Prosecutor, High Court, Madras.

Dr.G. JAYACHANDRAN, J.

sms and Crl.M.P.No.15500 of 2023 18.10.2023