Madras High CourtCRL OP(MD)/20628/2018dismissed

Prem v. The Inspector Of Police

2019-03-04Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD].No.20628 of 2018 and Crl.M.P.(MD)Nos.9547 of 2018 & 1799 of 2019 1.Prem 2.Julies Raj Kumar 3.Mary Selvi : Petitioners/Accused Nos.1 to 3 Vs.

1.The State Represented by the Inspector of Police, All Women Police Station, Marthandam, Kanniyakumari District.

(Crime No.25 of 2018) : 1st Respondent/Complainant 2.Sophiya Mary : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned FIR in Crime No. 25 of 2018 dated 03.07.2018 on the file of the 1st respondent police and to quash the same in so far as the petitioners are concerned.

For Petitioners : Mr.M.S.Jeya Karthik For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (criminal side) For R-2 : Mr.M.R.Sreenivasan

O R D E R

The present petition is filed seeking to quash Crime No. 25 of 2018 under Section 498 A, 406 I.P.C. r/w Section 3(1) & 6 of Dowry Prohibition Act, 1961.

2.The first petitioner is the husband of the second respondent and the second and third petitioners are his parents. 3.The learned counsel for the petitioner submitted that due to some matrimonial dispute, wife/second respondent has filed a false case with an ulterior motive.

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4.Heard the learned counsel appearing for the second respondent (the petitioner in Vacate Stay petition) and the learned Government Advocate (criminal side) appearing for the first respondent.

5.This Court perused the copy of the F.I.R. and there are strong accusation implicating all the three petitioners, attributing specific overt act to them. Prima facie, this Court finds that it is not a case, where this Court may intervene to quash the F.I.R..

6.At this juncture, the learned Government Advocate (criminal side) submitted that the investigation is also substantially completed a charge sheet would be laid shortly. 7.In the case, this Court does not find any merit in the petition and the same is liable to be dismissed. Accordingly, the Criminal Original Petition is dismissed and the first respondent is directed to file the final report within a period of four weeks from today. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Inspector of Police, All Women Police Station, Marthandam, Kanniyakumari District.

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

+1CC TO MR.M.R.SREENIVASAN, Advocate Sr. No. 51769 Crl.O.P.[MD].No.20628 of 2018 and Crl.M.P.(MD)Nos.9547 of 2018 & 1799 of 2019 04.03.2019 TR (11.03.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/