Madras High CourtCRL OP(MD)/6440/2019disposed of

Kani, v. The Inspector Of Police

2021-11-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.6440 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.6440 of 2019 and Crl.M.P(MD)No.4286 of 2019 Kani ... Petitioner/ Sole Accused Vs.

1.State:

Represented by Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

(Crime No.247/2019) ... Respondent/Complainant 2.Rajkumar ... Respondent/ Defacto-Complainant 3.Muthu ... Respondent/ Victim Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., calling for the records relating to FIR in Crime No.247 of 2019, dated 05.03.2019, on the file of the Inspector of Police, Bodinayakkanur Town Police Station, Theni District and quash the same as against the petitioner.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondents : Mr.M.Muthumanikkam Counsel for Government of Tami Nadu (Criminal Side) for R1

O R D E R

This petition has been filed for quashment of F.I.R in Crime No.247 of 2019, on the file of the Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

2. When the matter is taken up hearing, the learned Additional Public Prosecutor appearing for the first respondent would submit https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.6440 of 2019 that the investigation was completed and the final report was filed before the Judicial Magistrate, Bodiyanaickanur, on 27.04.2019 itself. But it has not been taken on the file so far. Since the final report has been filed before the concerned Court, this Criminal Original Petition becomes infructuous and the petitioner can work out the possibility of settlement between the husband and wife before the Judicial Magistrate, Bodiyanaickanur. There shall be a direction to the Judicial Magistrate, Bodiyanaickanur to process the final report, which was presented on 27.04.2019 itself as per the Rules. After completing the process of taking cognizance, compliance report must be submitted to the Registry. Similarly, the petitioner has to work out her remedy through appropriate proceedings, if she is aggrieved by the contents of the final report. They can also work out a possibility of settlement.

3. With the aforesaid liberty and directions, this Criminal Original Petition stands disposed of, as infructuous. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS) btr/gbg 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, Bodinayakkanur Town Police Station, Theni District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.6440 of 2019 22.11.2021 RK(04/12/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2