Madras High Court
Vasantha vs Manjula on 1 July, 2024
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.10559 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.O.P.(MD)No.10559 of 2023 and
Crl.MP(MD) No.8387 of 2023
1.Vasantha
2.Amala
3.Sivakumar ... Petitioners
Vs
1.Manjula,
2.The Inspector of Police,
All Women Police Station,
Rameshwaram. ...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the record and quash the FIR in Crime
No.01/2022 dated 08.02.2022 on the file of 2nd respondent police as
against petitioners.
For Petitioners : Mr.T.S.Mohammed Mohideen
For R1 : Mrs.A.Banumathy
For R2 : Mr.B.Thanga Aravindh
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis
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Crl.O.P.(MD)No.10559 of 2023
ORDER
The petitioners are the in-laws of the defacto complainant.
They have filed this petition to quash the First Information Report in
Crime No.4 of 2022 on the file of the respondent police, which was
registered for the offence under Sections 406, 498(A) and Section 4 of
Dowry Prohibition Act, 1961.
2.The learned counsel appearing for the petitioners submits
that there is no specific averments as against these petitioners. However,
the case has been registered as against these petitioners. This Court,
while entertaining this application has granted an interim direction,
directing the respondent police not to file the final report. This Court,
while granting such a relief has also recorded that a prima facie case has
been made out by the petitioners. Despite the order of this Court, the
respondent police has filed the final report before the concerned
Magistrate Court and the same was taken on file in CC No.149 of 2023.
3.The learned counsel for the petitioners has raised
objections with regard to the manner, in which, the final report has been
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10559 of 2023
filed by the respondents. Therefore, the petitioners have filed a memo
before the concerned Magistrate Court not to take the final report on file.
However, the final report was taken on file by the concerned Magistrate
and the same is pending in CC No.149 of 2023. The learned counsel for
the petitioners has relied upon the judgment of the Honourable Supreme
Court, in Joseph Salvaraj vs. State of Gujarat and Others, reported in
2011 (7) SCC 59 and submits that though the final report has been filed,
this Court is having the power to quash the First Information Report,
based on which, the final report has been filed.
4.The learned Government Advocate (Crl.Side) appearing
for the respondent police submits that the final report has been filed
inadvertently without ascertaining the interim order granted by this Court
in this petition. The Inspector of Police, who is present before this Court
has tendered an unconditional apology for filing the final report
mistakenly, without ascertaining the order passed by this Court.
5.This Court considered the rival submissions made and also
perused the materials placed on record.
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Crl.O.P.(MD)No.10559 of 2023
6.Since the final report has been filed, whether it is
intentionally or inadvertently, the same was also taken on file by the
concerned Magistrate and the same is pending in CC No.149 of 2023.
However, the petitioners are having a remedy before this Court by
challenging the final report.
7.In view of the above, this Criminal Original Petition is
dismissed. The petitioners are at liberty to challenge the final report in
the manner known to law. Consequently, connected Miscellaneous
Petition is closed.
01.07.2024
NCC : Yes/No
Index : Yes/No
Internet:Yes
vrn
Note: Issue order copy on 03.07.2024.
To
1.The Inspector of Police,
All Women Police Station,
Rameshwaram.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10559 of 2023
B.PUGALENDHI,J
vrn
Order made in
Crl.O.P.(MD)No.10559 of 2023 and
01.07.2024
https://www.mhc.tn.gov.in/judis
