Madras High CourtCRL OP(MD)/1886/2025disposed of

P.Archana v. The State Of Tamilnadu

2025-02-06Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.1886 of 2025 and Crl.M.P(MD) No.1296 of 2025

1. P.Archana

2. C. Sudalai @ Sabapathi

3. P. Shobana

4. M. Manimaran

5. P. Manoj ... Petitioners Vs

1. The State of Tamilnadu, Represented by the Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

Crime No. 29/2023

2. M.N.Divya

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS),2023, to call for the entire records connected with the impugned FIR in Crime No. 29 of 2023 dated 17.11.2023 on the file of the 1st respondent police in so far as the Page No. 1 of 4

petitioners / accused No.4 to 8 are concerned and quash the same. For Petitioners : Mr.K.K.Kannan For Respondents :

For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This criminal original petition has been filed by the petitioners to quash the F.I.R registered in Crime No.29 of 2023 dated 17.11.2023 on the file of the first respondent.

2. According to the petitioners, based on the false complaint given by the second respondent, the first respondent police registered a false case in the Crime No.29 of 2023 for the offences under sections 498(A), 294(b) and 506(1) of IPC and in fact, even as per the F.I.R., there are no ingredients to constitute the offence. Therefore, the pending F.I.R. is an abuse of process of law and the same is liable to be quashed.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the first respondent would submit that based on the complaint given by the second respondent, F.I.R has been registered in Page No. 2 of 4

Crime No.29 of 2023 for the offences under Sections 498(A), 294(b) and 506(1) of IPC. Thereafter, they conducted an elaborate investigation and now, they filed the charge sheet before the concerned Court.

4. Since already the first respondent police have filed the charge sheet after an elaborate investigation, preserving the liberty of the petitioners to challenge the final report, this criminal original petition is disposed of. No costs. Consequently, connected Criminal Miscellaneous Petition is closed.

06.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac To

1. The Inspector of Police, Alangulam Police Station, Tenkasi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No. 3 of 4

P.DHANABAL , J.

mac Crl.O.P(MD)No.1886 of 2025 and Crl.M.P(MD) No.1296 of 2025 06.02.2025 Page No. 4 of 4