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Madras High CourtCRL OP/351/2025dismissed

K.Sivakumar v. State Rep By

2025-01-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Sivakumar ... Petitioner Vs.

1. The State represented by Inspector of Police Sethiyathope Police Station, Bhuvanagiri Taluk Cuddalore District

2. Nagavalli ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records relating to impugned F.I.R. in Crime No.283 of 2013 dated 31.10.2013 on the file of the 1 st respondent and quash the same.

For Petitioner : Mr.S.Arokia Mani Raj For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the F.I.R. in Crime No.283 of 2013 dated 31.10.2013 on the file of the 1 st respondent.

2. The learned counsel for the petitioner submitted that the petitioner and the 2 nd respondent are husband and wife and that, a matrimonial O.P. is also pending before the Sub Court. Both the petitioner and the 2 nd respondent separated and at that stage, the 2 nd respondent made false allegations against the petitioner based on which, the 1 st respondent police registered the case in Crime No.283 of 2013. Hence, the same has to be quashed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1 st respondent.

4. Since no adverse order is being passed against the 2 nd respondent, notice to the 2 nd respondent is dispensed with.

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5. A perusal of the complaint and FIR shows that, there is a specific allegation against the petitioner especially, the petitioner is alleged to have assaulted the 2 nd respondent/wife and also harassed and committed cruelty on her. The grounds taken by the petitioner is nothing by defence which can be agitated only during trial.

6. Since there is a specific allegation against the petitioner and there is no ground to quash the FIR, this Criminal Original Petition is dismissed.

7. The petiitoner is liberty to take all his defence before the trial Court. 08.01.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Inspector of Police Sethiyathope Police Station, Bhuvanagiri Taluk Cuddalore District

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

P.VELMURUGAN. J.

Ksa-2 08.01.2025 5/5