Madras High CourtCRL OP(MD)/4296/2021closed

Sivasamynathan v. The Inspector Of Police

2023-04-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.4296 of 2021 and Crl.M.P(MD)No.2407 of 2021 1.Sivasamynathan 2.R.Jeyalekha

...Petitioners

Vs.

1.The State through V.K.Puram Police Station, Tirunelveli District.

Crime No.573 of 2020 2.Ignachimuthu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the proceeding of the FIR in Crime No.573 of 2020 dated 11.12.2020 on the file of the first respondent.

For Petitioners : Mr.K.Prabhu For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioners/Accused Nos.1 & 2 filed this petition to quash the FIR in Crime No.573 of 2020 on the file of the V.K.Puram Police Station, Tirunelveli District, wherein they were said to have committed offence under Sections 294(b), 323 and 506(1) IPC.

2. The case of the prosecution is that the second petitioner married the defacto complainant's brother, namely, Rajendran and lived as husband and wife. After the demise of Rajendran, without informing the death of the said Rajendran to the second petitioner, defacto complainant secretly conducted the final rites. When the defacto complainant entered into the above house, the petitioners used filthy language, assaulted and threatened the defacto complainant with dire consequences. Hence, the defacto complainant preferred a complaint before the respondent police and the same was registered in Crime No.573 of 2020 for the above said offence and to quash the same, the petitioner filed this petition.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the first respondent would submit that the investigation in Crime No.573 of 2020 has been

completed and charge sheet has been filed before the learned Judicial Magistrate, Ambasamuthiram on 04.04.2022 in E-Filing No.1936 of 2022.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioners work out their remedy in the manner known to law. Consequently, connected Miscellaneous Petition stands closed.

05.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR To 1.V.K.Puram Police Station, Tirunelveli District.

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

K.K.RAMAKRISHNAN, J.

BTR Crl.O.P.(MD) No.4296 of 2021 and Crl.M.P(MD) No.3352 of 2021 05.04.2023