Shanthi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP(MD). No.5579 of 2022 and CRL.MP(MD)No.3959 of 2022

1. Shanthi

2. Shanmugaraja ... Petitioners / Accused Vs.

1. State represented by The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

(Crime No.97 of 2021) ... 1st Respondent / Respondent

2. Balakrishnan ... 2nd Respondent /De-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the F.I.R. in Crime No.97 of 2021 dated 24.02.2021 on the file of the 1st respondent. For Petitioners :

M/s.Prem Raja Kumari.R For R-1 :

M/s.M.Aasha 1/4

Government Advocate (Crl. Side) For R-2 :

Mr.G.Thiruvarutselvan

ORDER

This Criminal Original Petition is filed to quash the First Information Report in Crime No.97 of 2021 pending on the file of the first respondent.

2. The case of the petitioner is that this is the second F.I.R. in respect of the same cause of action and as such has to be quashed. However, when the matter came up for hearing, it was brought to the notice of this Court that already final report has already been filed and the same has been taken on file as C.C. No. 405 of 2024 on the file of the Judicial Magistrate No.II, Kumbakonam.

3. In view of thereof, giving liberty for the petitioner to challenge the final report on the same ground, this petition has become infructuous. 2/4

4. Accordingly, this petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed. 23.10.2024 2/2 NCC : Yes / No Index : Yes / No Internet : Yes / No pal To

1. The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam, Thanjavur District.

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

3/4

D.BHARATHA CHAKRAVARTHY,J.

pal Order made in CRL OP(MD). No.5579 of 2022 23.10.2024 2/2 4/4