Madras High CourtCRL OP(MD)/6074/2021dismissed

M.Shamsar Ali v. The Inspector Of Police

2023-06-08Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD)No.3482 of 2021 1.K.Shankar 2.Byroja 3.Jenofer @ Jenofer .. Petitioners/Accused Nos.1 to 3 Vs

1. The State rep. by, The Inspector of Police, All Women Police Station, Madurai City.

(Crime No.11 of 2020) .. 1st Respondent/Complainant 2.Nasrin Banu .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.11 of 2020 on the file of the 1st respondent police and quash the same as illegal. For Petitioners : Mr.S.M.A.Jinnah For Respondent No.1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

When the matter was taken up for hearing on earlier occasion, it is submitted by the learned counsel for both side that a compromise talk was going on. But, today, the learned counsel for the petitioner submitted that there is no possibility for compromise. Hence, the matter is taken up for hearing on merits.

2. The learned Additional Public Prosecutor appearing for the first respondent, on instructions, submitted that after completion of investigation, final report has been filed before the Additional Mahila Court, Madurai, on 28.09.2021.

3. Serious allegation in the complaint is that the defacto complainant was continuously harassed by the petitioner and there was an assault on the stomach of the defacto complainant and they caused cruelty to the defacto complianant and insisted to obtain the transfer of the house property in the name of the first petitioner from her father's name. After investigation, the said allegation was found true and hence, there is a prima facie case made out to proceed the trial. In the said circumstances, this Court is inclined to dismiss 2/4

the petition.

4. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. 08.06.2023 Internet : Yes Index : Yes/No PJL To 1.The Inspector of Police, All Women Police Station, Madurai City.

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

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K.K.RAMAKRISHNAN, J.

PJL and Crl.M.P(MD)No.3482 of 2021 08.06.2023 4/4