Madras High CourtCRL OP(MD)/9560/2019dismissed as infructuous

Alagarsamy v. The Inspector Of Police

2021-12-01Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.9560 of 2019 and Crl.MP(MD)No.6062 of 2019 Alagarsamy ... Petitioner/Sole Accused vs.

1.State Represented by The Inspector of Police, All Women Police Station, Samayanallur.

Madurai District.

(in Crime No.2 of 2019) ... 1st Respondent/Complainant 2.A.Suriya ...2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the First Information Report dated 23.01.2019 in Cr.No.2 of 2019 on the file of the 1st Respondent Police and quash the same as illegal and devoid of merits. For Petitioners : Mr.Na.Palaniyandi For R1 : Mr.M.Muthumanikkam Government Advocate (Crl.Side) For R2 : Mr.K.Samidurai

O R D E R

This petition is filed seeking quashment of FIR in Cr.No.2 of 2019 on the file of the 1st Respondent Police, dated 23.01.2019. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that investigation was completed and final report was filed before the learned District Munsif cum Judicial Magistrate, Vadipatti, and the same has been taken on cognizance in C.C.No.51 of 2021.

3.Since final report has been filed before the concerned Court, nothing survives for further adjudication or further consideration in this petition. Hence, the petition has become infructuous.

4.If the petitioner aggrieved by the contents of the final report, he shall work out his remedy through appropriate proceedings. Since it is a matrimonial dispute, the petitioner may also workout the possibility of settlement.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

5.With the above said liberty, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Dss To 1.The Inspector of Police, All Women Police Station, Samayanallur.

Madurai District.

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

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-37009[F] dated 02/12/2021 ) +1 CC to M/s.K.SAMIDURAI, Advocate ( SR-36886[F] dated 01/12/2021 ) Crl.OP(MD)No.9560 of 2019 and Crl.MP(MD)No.6062 of 2019 01.12.2021 RD(17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2