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Madras High CourtCRL OP(MD)/6448/2023dismissed as infructuous

Madhumitha v. The Superintendent Of Police

2023-04-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Madhumitha ...Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District. ...1st Respondent 2.The Inspector of Police, All women Police Station, Soolakarai, Virudhunagar District. ...2nd Respondent 3.Syed Mohamed Daga ...3rd Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 2nd Respondent not to harass the Petitioner based on the false complaint of the 3rd Respondent under the guise of enquiry.

For Petitioner : Mr.Lakshmi Gopinathan For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the 2nd Respondent not to harass the Petitioner based on the false complaint of the 3rd Respondent under the guise of enquiry. 2.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the third respondent herein enquiry was undertaken in C.P.No.53 of 2023. During the course of enquiry, it was found that it is a matrimonial dispute between the petitioner and the third respondent. The complaint by the wife is that she was forcibly converted into other religion and the marriage was performed. Over which she filed a suit in O.S.No.29 of 2023 before the learned District Munsif, Virudhunagar, which is stated to be pending. She has also given a statement to the effect that she will workout his remedy either in the pending suit or through proper matrimonial proceedings. Based upon the above said undertaking and statement of the parties, it was closed. 3.In view of the submission made by the learned Additional Public Prosecutor, nothing survives in this case for further adjudication. The 2/4

matter has become infructuous. Accordingly, this criminal original petition is dismissed as infructuous.

10.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, All women Police Station, Soolakarai, Virudhunagar District.

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

3/4

G.ILANGOVAN ,J.

TM 10.04.2023 4/4