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2022 Supreme(Mad) 3577

G. K. ILANTHIRAIYAN
C. Sivakumar – Appellant
Versus
Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:K.G. Senthil Kumar, Advocate. For the Respondents:R1, E. Raj Thilak, Additional Public Prosecutor, R2, S. Shujath Hussain, Advocate.

JUDGMENT

(Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to call for the records in CC.No.1365 of 2020 pending on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai and to quash the same.)

1. This petition has been filed to quash the proceedings in CC.No.1365 of 2020 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai, thereby taken cognizance for the offences under Sections 147, 323 & 420 of IPC, in Crime No.1892 of 2017, as against this petitioner.

2. The case of the prosecution is that the defacto complainant had earlier married the petitioner and the complainant suspected the petitioner of having illicit relationship with another woman. While being so, she lodged complaint on 28.04.2017 alleging that the petitioner and other accused persons trespassed the house of the complainant on 27.04.2017 at around 8.00 p.m. and assaulted the complainant.

3. The learned counsel for the petitioner would submit that there was a family dispute between the petitioner and the second respondent. They also filed petition for divorce by mutual consent in Crl.OP.No.2149 of 2017.

4. The learned Additional Public Prosecutor would subm

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