Madras High CourtCRL OP(MD)/3601/2017allowed

Vignesh v. The Inspector Of Police

2019-06-20Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.3601 of 2017 and Crl.M.P.(MD).No.2683 of 2017 1.Vignesh 2.Sumathi 3.Jothi ... Petitioners -Vs1. The Inspector of Police, All Women Police Station, Samayanallur Police Station, Madurai District.

2.V.Sangeetha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the F.I.R. in Crime No.64 of 2016 on the file of the respondent police.

For Petitioners :

Mr.S.Sivaprakash For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R2 :

No appearance

O R D E R

The criminal original petition has been filed to quash the F.I.R. in Crime No.64 of 2016 on the file of the respondent police.

2. The petitioners are the accused in Crime No.64 of 2016 and the said crime has been registered for an offence under Section 498(A) of I.P.C., based on the complaint given by the second respondent, who is the wife of the first petitioner and daughterin-law of the second petitioner.

3. The main grievance of the petitioners is that earlier for the very same allegation, a complaint has been given against the petitioners by the second respondent before the Arupukottai Police Station and the same was registered in Crime No.6 of 2013 and after investigation, a final report is also filed before the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Arupukottai and the same was taken on cognizance in C.C.No.175 of 2015 and posted for trial. Now, on the very same allegation, the second complaint has been given before the Samayanallur Police Station, and the same is registered in Crime No.64 of 2016.

4. I have heard the learned counsel for the petitioners. Though notice was ordered on the second respondent, none appears for her and I have gone through the entire materials available on record.

5. From the perusal of records, it is seen that for the very same allegation on the complaint given by the second respondent, already a crime has been registered against the petitioners and now the matter is pending before the concerned Judicial Magistrate, Arupukottai. Now, an another complaint on the very same allegation is not maintainable. Hence, the same is liable to be quashed. Accordingly, the criminal original petition is allowed and the F.I.R. in Crime No.64 of 2016 on the file of the respondent police is quashed against the petitioners. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) akv To The Inspector of Police, All Women Police Station, Samayanallur Police Station, Madurai District.

+1CC TO M/S.S.SIVAPRAKASH, ADVOCATE, SR.NO.70244 Crl.O.P.(MD).No.3601 of 2017 20.06.2019 BUC(05.07.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/