Madras High CourtCRL OP(MD)/18051/2023dismissed as infructuous

K.Nivetha v. The Sub Inspector Of Police

2024-09-23Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.(MD)No.18051 of 2023 1.K.Nivetha 2.R.Prabhakaran 3.P.Ravi 4.R.Muneeswari ... Petitioner/A1 to A4 vs.

Crime No.263 of 2022 ... 1st Respondent/Complainant 2.K.Sundharathai ... 2nd Respondent/Defacto Complainant 3.The Inspector of Police, ... 3rd Respondent [R3 is suo-motu impleaded vide order dated 10.10.2023] Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.296 of 2022, dated 22.12.2022 on the file of the Watrap Police Station, Virudhunagar District and to quash the same as illegal and devoid of merits.

1/4

Crl.O.P.(MD)No.18052 of 2023 K.Nivetha ... Petitioner/Sole Accused vs.

Crime No.296 of 2022 ... 1st Respondent/Complainant 2.Sathuragiri ... 2nd Respondent/Defacto Complainant 3.The Inspector of Police, ... 3rd Respondent [R3 is suo-motu impleaded vide order dated 10.10.2023] Prayer:- Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to the First Information Report in Crime No.263 of 2022, dated 07.11.2022 on the file of the Watrap Police Station, Virudhunagar District and to quash the same as illegal and devoid of merits.

In both petitions:

For Petitioners : Mr.M.Vijayarathinam For R1 : Mrs.M.Aasha Government Advocate (Crl. side) For R2 : Mr.M.S.Jothibasu COMMON ORDER These Criminal Original Petitions are filed to quash the FIR in Crime Nos.296 and 263 of 2022 on the file of the third respondent police. 2/4

2.When the matter came up for hearing today, the learned Government Advocate (Crl. side) would submit that investigation is completed and the matter itself is closed as 'Mistake of fact' and the RCS notice is also served on the defacto complainants. As such, nothing survives to be decided in these applications. 3.Accordingly, these Criminal Original Petitions are dismissed as having become infructuous.

23.09.2024 NCC : Yes / No sji To 2.The Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

D.BHARATHA CHAKRAVARTHY, J.

sji 23.09.2024 4/4