Madras High CourtCRL OP(MD)/4303/2019disposed of

Chellammal, W/O.Ashok Kumar v. The Inspector Of Police,

2022-02-02Honourable Dr Justice G. Jayachandran2 pages

Crl.O.P(MD)No.4303 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P(MD)No.4303 of 2019 and Crl.M.P(MD)No.2605 of 2019 Chellammal ... Petitioner/Sole Accused -vs1.The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.485 of 2016).

...1st Respondent/Complainant 2.Habifa Begam ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.485 of 2016, on the file of the first respondent, dated 31.05.2016 and quash the same as illegal with respect to the petitioner. For Petitioner :

Mr.S.A.Ajmal Khan For R1 :

Mr.A.Thiruvadikumar, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the FIR registered in Cr.No.485 of 2016 against the petitioner herein based on the complaint given by the second respondent.

2. It is now brought to the notice of this Court that on 22.03.2019 when this Criminal Original petition came up for admission, this Court directed the petitioner herein to take private notice to the second respondent returnable by 24.04.2019 and also granted an order of interim stay of filing final report till then i.e., on 24.04.2019. The petitioner herein has not taken any steps to serve the second respondent/defacto complainant. In the said circumstances, the defacto complainant has approached this Court under Section 482 of Cr.P.C., in Crl.O.P(MD)No.17991 of 2021 seeking direction from this Court to file final report on her complaint and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4303 of 2019 the said petition was allowed on 18.11.2021 directing the respondent police to complete the investigation and file a final report.

3. In the light of the above facts, without adverting to the averments made in the petition to quash the FIR, this Criminal Original Petition is disposed of with liberty to the petitioner herein to agitate his grievance in the manner known to law once final report is filed as per the direction of this Court in Crl.O.P (MD)No.17991 of 2021, dated 18.11.2021. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) am 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.

To 1.The Inspector of Police, Melur Police Station, Madurai District.

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

Crl.O.P(MD)No.4303 of 2019 02.02.2022 RK(15/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2