Madras High CourtCRL OP(MD)/16154/2023disposed of

Balakrishnan v. The Inspector Of Police

2023-09-20Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and Crl.M.P.(MD)No.12859 of 2023 1.Balakrishnan 2.Velmurugan

...Petitioners/Accused Nos.4 & 5

Vs.

1.State rep.by The Inspector of Police, All Women Police Station, Thoothukudi District.

(Crime No.19 of 2023) ... 1st Respondent / Complainant 2.Mariammal @ Maheswari ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the FIR in Crime No.19 of 2023 on the file of the 1st respondent Police pending investigation.

For Petitioners : Mr.R.Jegadeeswaran For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This petition is filed seeking quashment of FIR in Crime No.19 of 2023 on the file of the 1st respondent Police registered against the petitioners / Accused Nos.4 and 5 for the offences punishable under Sections 294(b), 498A and 506(2) IPC and Section 4 of TNPHW Act, 2002.

2.It is submitted by the learned counsel for the petitioners that even according to the FIR, there are no allegations against the petitioners except that the 1st accused, who is the husband of the defacto complainant, consumed alcohol along with the petitioners / Accused No.4 and 5, driving the defacto complainant out of the bedroom.

3.Heard the learned counsel on either side and perused the materials available on record carefully.

4.Considering the above submissions, this Criminal Original Petition is disposed of, directing the petitioners to co-operate for the investigation. The respondent Police are also directed to complete the investigation as expeditiously as possible and not to take any coercive steps against the petitioners. However, in 2/4

case if the presence of the petitioners is required, the respondent Police are at liberty to follow the procedure established under law scrupulously. Consequently, connected miscellaneous petition is closed.

20.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva To 1.The Inspector of Police, All Women Police Station, Thoothukudi District.

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

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DR.D.NAGARJUN. J.

Yuva Crl.O.P.(MD)No.16154 of 2023 20.09.2023 4/4