Madras High CourtCRL OP(MD)/16097/2022dismissed as infructuous

Booma Husband @ Sundaramoorthy v. The Sub Inspector Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Booma Husband @ Sundaramoorthy 2.Booma @ Booma Devi 3.Meenal 4.Angalaeswari 5.Karuppayee @ Karuppayi 6.Kayalvili @ Kayalvizhi 7.Sri Alias Seenivasan @ Srinivasan ... Petitioners Vs.

1.State through the Sub Inspector of Police, Mathichiyam Police Station, Mathichiyam, Madurai City.

(Crime No.105 of 2022) 2.Balan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.105of 2022 1/4

on the file of the first respondent Police and quash the same as against these petitioners concerned.

For Petitioners : Mr.M.Saravanan For R-1 : Mr.M.Sakthi Kumar, Government Advocate, (Crl.side)

ORDER

This criminal original petition has been filed seeking to quash the FIR in Crime No.105 of 2022, dated 12.03.2022 on the file of the first respondent Police.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.105 of 2022 for the offences punishable under Sections 147, 294(b), 323, 324 and 506(1) of I.P.C. r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3.When the matter is taken up for hearing, the learned Government Advocate (Crl. side) would submit that after completing the investigation final report has been filed before the learned Judicial Magistrate No.II, 2/4

Madurai, and the same was taken cognizance in C.C.No.448 of 2023. Hence, the prayer sought for in this petition has become infructuous. 4.Since the final report has been filed before the concerned Court, the petitioner can workout his remedy through appropriate proceedings, if so aggrieved by the contents of the final report. 5.With the above said liberty, this criminal original petition stands dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

28.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Sub Inspector of Police, Mathichiyam Police Station, Mathichiyam, Madurai City.

(Crime No.105 of 2022) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 28.11.2023 4/4