Madras High CourtCRL OP(MD)/9969/2022dismissed

L. Gowsalya v. The Inspector Of Police

2022-06-08Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.9969 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.9969 of 2022 and Crl.M.P(MD) No.6278 of 2022

1. L.Gowsalaya,

2. L.Arun,

3. L.Agnikaruppu ... Petitioners/Accused Nos.1 to 3 Vs 1.The State represented by The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.932 of 2020).

... 1st Respondent / Complainant

2. K.Kannan ... 2nd Respondents / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the Crime No.932 of 2020 dated 07.06.2020 pending on the file of the first respondent for an alleged offences under Sections 294(b), 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and quash the same as illegal.

For Petitioners : M/s.Thirumurugan T, For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.932 of 2020 dated 07.06.2020 pending on the file of the first respondent.

2.The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant's mother and also threatened him. Hence, the defacto complainant lodged a complaint and for the same, an FIR had been registered in Crime No. 932 of 2020 for the offences under Sections 294(b), 323 and 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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Crl.O.P.(MD) No.9969 of 2022 3.The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and had not committed any offence as alleged in the complaint lodged by the defacto complainant.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that based on the complaint lodged by the defacto complainant, the respondent police had registered an FIR, completed the investigation and filed charge sheet before the concerned Judicial Magistrate Court and the same is not taken on file.

5.Recording the same, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Inspector of Police, Vadipatti Police Station, Madurai District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-25044[F] dated 10/06/2022 ) Crl.O.P.(MD) No.9969 of 2022 08.06.2022 sg(CO) TR(20.06.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2