Harini v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2023

CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD)No.9985 of 2021 and Crl.M.P(MD)No.5098 of 2021 Harini .. Petitioner/Accused No.4 Vs.

1.The State Represented by the Sub Inspector of Police, Pallathur Police Station, Sivagangai District.

(Crime.No.89/2021) .. 1st Respondent/Complainant 2.Vairamani .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Crime No. 89 of 2021, dated 02.07.2021, pending on the file of the respondent and Page No.1 of 5

quash the same in respect of the petitioner.

For Petitioner : Mr.J.Anandkumar For R1 : Mr.M.Muthumanikkam Government Advocate(Criminal side) For R2 : No appearance

ORDER

The petitioner/A4 has filed this petition to quash the FIR in Crime No.89 of 2021 on the file of the first respondent, wherein he is said to have committed the offence under Sections 294(b), 323, 324 and 355 IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act.

2. The case of the prosecution is that the mother of the defacto complainant died on 01.06.2021. Subsequently, on 01.07.2021, all the family members were assembled to conduct final rituals and at about 3.15 p.m, there was a wordy altercation arose between the accused persons and the defacto complainant with regard to the division of the common property and the jewels belonged to her mother. During that time, all the accused persons abused the defacto complainant with filthy language and Page No.2 of 5

beaten her with hand and iron rod and also attacked her son due to which the son of the defacto complainant also got injury on his spinal cord. Hence the complaint.

3. The learned Government Advocate (Criminal side) submitted that after completion of investigation, final report has been filed and the same was taken on file as C.C.No.1519 of 2022 on the file of the learned Judicial Magistrate, Karaikudi.

4. Recording the same, this Criminal Original Petition stands closed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently, connected Miscellaneous Petition is closed. 13.04.2023 NCC : Yes/No Internet: Yes/No Index : Yes/No PJL Page No.3 of 5

To 1.The Sub Inspector of Police, Pallathur Police Station, Sivagangai District.

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

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K.K.RAMAKRISHNAN,J.

PJL Crl.OP(MD)No9985 of 2021 13.04.2023 Page No.5 of 5