Madras High CourtCRL OP(MD)/564/2023disposed of

Vellaipandian v. The Superintendent Of Police

2023-01-10Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Vellaipandian, : Petitioner Vs 1.The State represented by The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police,

3. The Sub Inspector of Police,

4. Priya, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondents more particularly the respondents 2 and 3 not to involve or interfere in the Civil dispute among the petitioner and his 1/5

wife namely Priya in settlement among the spouse in view of the matrimonial dispute pending before the civil Court concerned, which is fully in the nature of civil forthwith and also abstaining them from harassing the petitioner in this regard.

For Petitioner : Mr.B.Jeyakumar For R1 to R3 : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the respondents 2 and 3 not to involve or interfere in the Civil dispute among the petitioner and his wife namely Priya.

2.When the matter is taken up for hearing, the learned Government Advocate(Crl.Side) would submit that admittedly, the petitioner is the husband of the fourth respondent and that there existed a matrimonial dispute between them. The fourth respondent has previously lodged a complaint before the respondent police station. Subsequently, the same was withdrawn and that thereafter, the fourth respondent preferred a complaint before the third respondent seeking the petitioner to return the seedhanam articles. 2/5

3.Recording the said submission, the petitioner is directed to appear before the second respondent and on such appearance, the second respondent is directed to conduct enquiry and proceed further by following the dictum laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1.

4.With the above direction, this criminal original petition is disposed of. 10.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr To

1. The Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, 3/5

3. The Sub Inspector of Police,

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

4/5

K.MURALI SHANKAR , J.

lr 10.01.2023 5/5