Madras High CourtCRL OP(MD)/1658/2019dismissed as infructuous

Muthulakshmi v. The Sub Inspector Of Police,

2022-03-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.1658 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.1658 of 2019 and Crl.MP(MD)No.883 of 2019 1.Muthulakshmi 2.Pommuraj ... Petitioners/Accused No.7 & 8 Vs.

1.The State Rep by its, The Sub Inspector of Police, Uthamapalayam All Women Police Station, Theni District.

... Respondent/Complainant 2.Sudhasini ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records of FIR in Cr.No.9 of 2018 pending on the file of Uthamapalayam All Women Police Station, Theni District, and quash the same.

For Petitioners : Mr.F.Deepak For R1 : Mr.SS.Madhavan Government Advocate (Crl.Side) For R2 : Mr.C.Kathiravan(Legal Aid Counsel)

O R D E R

This petition is filed seeking quashment of FIR in Cr.No.9 of 2018 pending on the file of Uthamapalayam All Women Police Station, Theni District.

2.When the matter is taken up for hearing today, the learned Government Advocate (Crl.Side) would submit that because of the matrimonial dispute between the husband and wife, complaint has been given by impleading these petitioners in the above said crime. During the course of matrimonial proceedings before the District Court, Theni, in H.M.O.P.No.17 of 2018, the defacto complainant stated that she is going to withdraw the complaint and also given a withdrawal letter. Based upon the above said withdrawal, further action has been dropped by the respondent police and they filed final report before the concerned Court as 'Further Action Dropped'. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1658 of 2019 In this regard, RCS notice has been served upon the defacto complainant.

3.Since final report has been filed before the concerned Court as 'Further Action Dropped', nothing survives for further consideration or direction in this petitioner. Hence, the matter has become infructuous.

4.Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Sub Inspector of Police, Uthamapalayam All Women Police Station, Theni District.

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

+1 CC to M/s.F.DEEPAK, Advocate ( SR-13360[F] dated 22/03/2022 ) +1 CC to M/s.C.KATHIRAVAN, Advocate ( SR-13736[F] dated 23/03/2022 ) Crl.O.P.(MD)No.1658 of 2019 and Crl.MP(MD)No.883 of 2019 21.03.2022 MGJ(30.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2