Madras High CourtCRL OP(MD)/15162/2023disposed of

M.Maruthupandian v. The Inspector Of Police

2023-08-30Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15162 of 2023 and Crl.M.P.(MD).No.12006 of 2023 1.M.Maruthupandian 2.R.Manimozhi 3.Muthulakshmi ... Petitioners Vs.

1.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

(Crime No.5 of 2023) 2.Abirami

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.5 of 2023, dated 11.03.2023 pending on the file of the first respondent and quash the same. For Petitioners : Mr.C.M.Arumugam For R-1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for quashment of FIR in Crime No.05 of 2023, dated 11.03.2023.

2. It is submitted by learned counsel for the petitioners that a complaint is filed by the defacto complainant on 25.12.2021 and the same was referred to the Social Welfare Officer, who after conducting the enquiry concluded that, there was no demand of dowry and no misappropriation of properties and accordingly, the said complaint was closed. It is also submitted that the first petitioner has filed H.M.O.P.No.189 of 2022, on the file of the Family Court, Trichy, wherein, a counter is filed by the defacto complainant, wherein, there are no allegations or averments in respect of the harassment which the defacto complainant has made in the complaint.

3. Learned Additional Public Prosecutor submits that the respondent Police have completed the investigation in this case and charge sheet is ready to be filed, thereby, sought for short time, so that, the charge sheet can be produced before the concerned Court.

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4. Once investigation has already been completed and charge sheet is about to be filed, this petition seeking for quashment of FIR cannot be considered at this stage.

5. Accordingly, the criminal original petition is disposed of, directing the respondent Police to submit the charge sheet before the concerned Court as quickly as possible not later than two weeks from the date of receipt of a copy of this order. After taking the case on file by the learned Judicial Magistrate, the petitioners are at liberty to challenge the charge sheet, in case, if they are advised so. Consequently, the connected miscellaneous petition is closed. 30.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

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

Crl.O.P.(MD) No.15162 of 2023 30.08.2023 4/4