Madras High CourtCRL OP(MD)/13382/2021disposed of

J.Musthafa v. The Inspector Of Police

2021-09-13Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.13382 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD) No.13382 of 2021 1.J.Musthafa 2.A.Jahir Hussain 3.J.Settu ... Petitioners Vs.

1.The Inspector of Police, Fort All Woman Police Station, Trichy Town, Trichy District.

2.A.Mehathaj ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent not to harass the petitioners under the guise of enquiry, in pursuance of the complaint dated 24.08.2021 given before the 1st respondent by the 2nd respondent. For Petitioners : Mr.K.Kannan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

ORDER

This petition is filed seeking direction to the 1st respondent not to harass the petitioners under the guise of enquiry, on the basis of the complaint given by the 2nd respondent herein. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor (Crl.side) appearing for the 1st respondent would submit that based upon the complaint given by the 2nd respondent herein, enquiry was undertaken in CSR.No.220 of 2021 and during the course of enquiry, it was found that the 2nd respondent insisted that only after the performance of the marriage of the brother of her husband, she will return to the matrimonial home. There was also an agreement between the parties to the effect that after the performance of the aforesaid marriage, the 2nd respondent will be taken to the matrimonial home. On that arrangement, it came to be closed on 25.08.2021. 3.However, the learned counsel appearing for the petitioners would submit that in spite of the explanation offered by the petitioners even on 05.09.2021, there was a harassment. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13382 of 2021 4.The learned Additional Public Prosecutor (Crl.side) would submit that since the enquiry has been closed on 25.08.2021 based upon the agreement/arrangement reached between the husband and wife, the question of harassment at the hands of the 1st respondent may not arise.

5.Recording the submission made by the learned Additional Public Prosecutor (Crl.side), this petition is disposed of as infructuous.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, Fort All Woman Police Station, Trichy Town, Trichy District.

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

+1 CC to M/s.K.KANNAN, Advocate ( SR-28911[F] dated 14/09/2021 ) Crl.O.P.(MD)No.13382 of 2021 13.09.2021 RS (24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2