Madras High CourtCRL OP(MD)/6130/2021disposed of

Thamodaran v. The Inspector Of Police

2021-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6130 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 08.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6130 of 2021 1.Thamodaran 2.Rajathilagam 3.Vengatesh Kanna ... Petitioners Vs.

1. The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

2. The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.S.Rajeshwari ... Respondents Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent not to harass the petitioners against law.

For Petitioners : Mr.C.T.Perumal For R1 & R2 : Mr.R.M.Anbu Nithi, Additional Public Prosecutor.

For R3 : No Appearance

ORDER

This Criminal Original Petition is filed to direct the first respondent not to harass the petitioners, in the guise of enquiry, based upon the complaint, given by the third respondent.

2. The case of the petitioner is that the marriage between the third petitioner and the third respondent took place on 06.11.2016. After the marriage for some days, the third petitioner and the third respondent lived as husband and wife in the house of the petitioners at Kovilangulam. Later, they left India to Singapore. There, some sort of quarrel arose between them. So, the third respondent left Singapore to India in August 2018. Later, she filed H.M.O.P.No.75 of 2019, before the Sub Court, Aruppukkottai for divorce. She also lodged a complaint, before the first respondent. So, the petitioners 1 & 2 filed Crl.OP(MD)No.9769 of 2019 before this Court, seeking anticipatory bail. During hearing, it was submitted that enquiry was closed on 24.06.2019. Recording the same, that petition came to be dismissed. Later, H.M.O.P.No.75 of 2019 was dismissed for default. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6130 of 2021 Now, the third respondent appears to have given a complaint. Upon which, the first respondent is calling upon the third petitioner to appear for enquiry. Now, he is in Singapore. Hence, this petition.

3. When the matter taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the third respondent, enquiry was conducted and the same was closed, on 07.06.2021, observing that it is a matrimonial dispute between the husband and wife. Hence, nothing survives for further consideration and the question of harassment will not arise since the enquiry has been closed.

4. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

2. The Superintendent of Police, Virudhunagar District, Virudhunagar.

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

+1 CC to M/s.C.T.PERUMAL, Advocate (SR-22045[F] dated 12/07/2021) Crl.O.P.(MD)No.6130 of 2021 08.07.2021 RC (27.07.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2