The High Court quashed the FIR registered against father, mother-in-law, and sister-in-law due to general allegations and the death of the complainant, directing investigation solely against the husband.
Quashing of FIR against petitioners; investigation directed to proceed against husband within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P No.2739 of 2021
vs.
The State rep. by The Inspector of Police, W-18, All Women Police Station, MKB Nagar, Chennai.
..Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the FIR in Crime No.10 of 2019 pending on the file of the 1st respondent.
For Petitioners: Mr.K.Bommuraj
For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor
ORDER
This petition has been filed seeking to quash the FIR in Crime No.10 of 2019 pending on the file of the 1st respondent.
2.The defacto complainant who is the wife of A1 gave a complaint to the respondent police and based on the same the FIR was registered in Crime No.10 of 2019 for offences under Sections 498(A), 354, 506(i) and Section 4 of the Dowry Prohibition Act.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.
4.A careful reading of the complaint given by the defacto complainant shows that most of the allegations are directed against her husband. The petitioners are father-in-law, mother-in-law and sister-in-law. It is reported that the defacto complainant died on 22.02.2020. The investigation is still pending and there is no progress.
5.In view of the above, no useful purpose will be served in keeping the First Information Report pending against the petitioners and the allegations made against them are general in nature.
6.Accordingly, the FIR in Crime No.10 of 2019 pending on the file of the respondent police is quashed insofar as the petitioners are concerned. The respondent police shall proceed further with the investigation insofar as A1 is concerned and shall file a final report or a closure report, as the case may be, within a period of two months from the date of receipt of a copy of this order.
7.This criminal original petition is allowed with the above directions.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
To
AKM/09.04.21/2P-3C/
Crl.OP No.2739 of 2021 16.03.2021
2 issues framed by the court
Whether the FIR should be quashed against the petitioners as the complaints are general in nature and no useful purpose would be served in keeping them pending.
Whether the investigation should proceed only against the alleged defacto complainant's husband.
2 provisions across 2 enactments
Balasubramanian and Others
The State rep. by The Inspector of Police
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
