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R. Rajathi Vs. The Superintendent of Police, Sivagangai and Another - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

Crl.O.P.(MD) No. 4968, 4969 of 2016

Judge

Appellant

R. Rajathi

Respondent

The Superintendent of Police, Sivagangai and Another

Excerpt:


(prayer: criminal original petition filed under section 482 of cr.p.c., praying to direct the 2nd respondent to register a case on the complaint of the petitioner dated 4.2.2016 in accordance with law.) 1. this petition has been filed to direct the 2nd respondent to register a case on the complaint of the petitioner dated 4.2.2016 in accordance with law. 2. heard the learned counsel for the petitioner and the learned government advocate (crl.side) appearing for the state. 3. on reading of the complaint dated 04.02.2016, it essentially appears to be a matrimonial dispute between the petitioner and her husband and that hmop no.44 of 2015 filed by this petitioner for divorce is also pending. her husband also filed a petition for restitution of conjugal rights. under such circumstances, no positive direction can be issued to the respondent police to register an fir. hence, this petition is closed with liberty to the petitioner to work out her remedy before the appropriate forum in the manner known to law.

Judgment:


(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to register a case on the complaint of the petitioner dated 4.2.2016 in accordance with law.)

1. This petition has been filed to direct the 2nd respondent to register a case on the complaint of the petitioner dated 4.2.2016 in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. On reading of the complaint dated 04.02.2016, it essentially appears to be a matrimonial dispute between the petitioner and her husband and that HMOP No.44 of 2015 filed by this petitioner for divorce is also pending. Her husband also filed a petition for restitution of conjugal rights.

Under such circumstances, no positive direction can be issued to the respondent police to register an FIR. Hence, this petition is closed with liberty to the petitioner to work out her remedy before the appropriate forum in the manner known to law.




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