Sumathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL and Crl.M.P.(MD) No.2035 of 2025

1. Sumathi

2. Ajay Prakash ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Inspector of Police, Woraiyur Police Station, Trichy District.

Crime No. 61/2024.

2. Mahalakshmi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the First Information report in Crime No. 61 of 2024 on the file of the first respondent police and quash the same so far as this petitioners/ Accused rank 2 and 3 concern.

For Petitioners : Mr.S.Nagaswetha For R-1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/4

ORDER

This petition is filed by the petitioners to quash the F.I.R in Crime No.61 of 2024 on the file of the first respondent police so far as the petitioners are concerned.

2. According to the petitioners, based on the complaint given by the second respondent, the first respondent police registered a case in Crime No.61 of 2024 as against the petitioners and another, and these petitioners are arrayed as Accused no.2 and 3 for the offences under Section 323, 379 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. There are no ingredients to constitute the offences even as per the F.I.R and therefore, they have filed this petition to quash the pending F.I.R as against these petitioners.

3. The learned Government Advocate (Criminal) appearing for the first respondent would submit that based on the complaint given by the second respondent, they have registered a case in Crime No.61 of 2024 for the offences under Section 323, 379 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and these petitioners are arrayed as A2 and A3. Thereafter, they have conducted an elaborate investigation and as per the investigation, these petitioners did not involve 2/4

in any offence, thereby the names of the petitioners have been deleted and they filed the charge sheet as against the other accused by deleting the names of these petitioners. Therefore, nothing survives for further adjudication in this case.

4. These petitioners have filed this petition to quash the F.I.R in Crime No.16 of 2024 and they were initially arrayed as accused no.2 and A3 and now, the charge sheet has been filed by deleting the names of these petitioner, since they have not involved in the occurrence. Therefore, no further orders required to be passed in this case. In view of the same, this criminal original petition is closed. Consequently, connected criminal miscellaneous petition is also closed.

19.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac To

1. The Inspector of Police, Woraiyur Police Station, Trichy District.

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

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P. DHANABAL , J., mac and Crl.M.P.(MD) No.2035 of 2025 19.02.2025 4/4