The court emphasized that lack of substantial evidence in FIR warrants quashing under Sections 498A and 420 IPC.

ORDER

This petition has been filed to quash the First Information Report in Crime No. 611 of 2023, dated 28.09.2023, on the file of the first respondent Police, E2, Peelamedu Police Station, Coimbatore City, Coimbatore – 641

004.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first and second respondents and perused the materials available on record. Though notice has been served, the third respondent has not entered appearance, either in person or through Counsel.

3. On the complaint lodged by the third respondent, the first respondent registered the First Information Report in Crime No. 611 of 2023 for the offences punishable under Sections 498A and 420 of IPC , alleging that the third respondent got married to the first petitioner on 09.06.2016. At the time of arranging the marriage, the third respondent was informed that the he is an Eye Doctor and he is working at Aravind Eye Hospital, Madurai. He further stated that he is also running a spectacles shop in the name of Singapore Opticals and also an attached eye clinic. Believing the said words, the third respondent agreed to marry the first petitioner. Thereafter, after their marriage, due to misunderstandings, they got separated, and the third respondent filed a petition for divorce in HMOP No. 1392 of 2017 and the same was decreed by the judgement and decree dated 16.02.2023. Only at the time of filing the divorce petition, the third respondent came to understand that the first petitioner is not a doctor. Therefore, the third respondent lodged a complaint, that too, as against all the family members of her husband.

4. Admittedly, after obtaining a decree for divorce in HMOP No.

1392 of 2017, dated 16.02.2023, on the ground of cruelty, the third respondent lodged a complaint. Now, the third respondent has got married to another person and is living happily. That apart, on a perusal of the entire First Information Report, there are absolutely no allegations as against the petitioners to attract the offences under Sections 498(A) and 420 of IPC . The only allegation is that the third respondent lodged a complaint after obtaining the decree, and she came to understand that the first petitioner is not a doctor. Therefore, no offence is made out as against the petitioners, as alleged by the third respondent.

5. The learned Government Advocate (Crl. Side) appearing for the first and second respondents submitted that now the investigation has been completed, and a final report has been filed, and the same has not been taken cognizance of by the Judicial Magistrate-II, Coimbatore. Even after filing the final report, this Court can entertain the quash petition to quash the First Information Report, since there is absolutely no material to constitute any offence.

6. In view of the above, the impugned First Information Report cannot be sustained and it is liable to be quashed. Accordingly, the First Information Report in Crime No. 611 of 2023 is hereby quashed, and the subsequent final report, if any, is also quashed.

7. In the result, this Criminal Original Petition is allowed.

Consequently, the connected Miscellaneous Petition is closed.

07.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order kv To

1. The Sub Inspector of Police, E-2, Peelamedu, Coimbatore City, Coimbatore – 641 004.

2. The Inspector of Police, E-2, Peelamedu, Coimbatore City, Coimbatore – 641 004.

3. The Public Prosecutor, High Court, Madras.

Copy to The Judicial Magistrate-II, Coimbatore.

G.K.ILANTHIRAIYAN. J, kv

07.03.2025