Suseela v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.15578 of 2023 1.Suseela 2.Sekar ... Petitioners Vs.

1. The State rep. by The Inspector of Police, All Women Police Station, Tiruvallur District, Tiruvallur.

(Cr.No.21/2022)

2. Selvi ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.21 of 2022 on the file of the first respondent and quash the same.

For Petitioners : Mr.N.Saravanan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) for R1

O R D E R

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The petitioners herein are the in-laws of the defacto complainant. The case has been registered by the respondent police in Cr.No.21 of 2022 for the alleged dowry harassment and other offences.

2. The facts of the case are that the defacto complainant married the son of the petitioner and it was a love marriage. After the birth of a female child, there was a misunderstanding between this house leading to separation. It is also informed across the bar that the husband has filed HMOP.No.108 of 2022 before the Family Court, Tiruvallur to clear the marriage has null and void and the same has been decreed ex-parte order on 17.11.2022. The female child is presently in the custody of the defacto complainant.

3. The learned counsel appearing for the petitioners submitted that even according to FIR, no offence under SC/ST Act is made out and the allegation of harassment is also purely imaginary allegation, since admittedly his house was living separately in an independent house at Pannur Village in Thiruvallur District. Though the averment made by the 2/4

petitioners may be true, but the velocity of the complaint to be investigated and the innocence of the petitioners herein can be ascertained only after completion of investigation. Being a matrimonial dispute, the police have not taken coercive or harsh action, and at the same time they have not completed the investigation for reasons known. Therefore this Original Petition is disposed of with a direction to the respondent police to complete the investigation within a period of three months and file a final report.

4. Accordingly, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 04.10.2023 drl 3/4

DR.G.JAYACHANDRAN, J.

drl To

1. The Inspector of Police, The Inspector of Police, All Women Police Station, Tiruvallur District, Tiruvallur.

2.The Public Prosecutor, High Court, Madras.

and Crl.MP.No.15578 of 2023 4/4