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2022 Supreme(Online)(MAD) 24396

HIGH COURT OF MADRAS
HONOURABLE Ms. JUSTICE R.N.MANJULA
S.ESWARI – Appellant
Versus
STATE REP BY – Respondent


O R D E R

This Criminal Original Petition has been filed, seeking to call for the records pertaining to the FIR in Crime No.6 of 2021 pending on the file of the respondent Police and quash the same as against the petitioner/ 5th accused.

2. Heard Mr.R.C.Paul Kanagaraj, learned counsel for the petitioner and Mr.A.Damodharan, learned Additional Public Prosecutor for the 1st respondent.

3. On the complaint given by the 2nd respondent by alleging marital cruelty and other allegations, a case has been registered in Crime No.6 of 2021 on the file of the All Women Police Station, Pollachi, Coimbatore District, which is pending for investigation.

4. The learned counsel appearing for the petitioner submitted that the petitioner is the 5th accused and she is no way related to the family of the complainant and she cannot be considered as family member or relative of her husband, who is the 1st accused herein; even according to the allegation of the complainant, the 1st accused has got illegal intimacy with the petitioner; a paramour or concubine of her husband cannot come under the purview of Section 498(A) IPC; since the petitioner is not the relative of the 1st accused and so far as the allega

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