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2022 Supreme(Online)(MAD) 16946

HIGH COURT OF MADRAS
Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP
K.KALAVATHY – Appellant
Versus
STATE REP.BY – Respondent


ORDER

This Criminal Original Petition had been filed seeking to quash the First Information Report in Crime No.223 of 2017 on the file of the first Respondent.

2.The learned Counsel for the Petitioner submitted that the FIR in Crime No.223 of 2017 had been registered against the Petitioners 1 to 5 based on the complaint of the second Respondent/De-facto Complainant, dated 06.08.2017. The FIR is registered for the offences under Sections 147, 294(b), 323, 427 of IPC r/w. 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2004. He further submitted that the punishment for the offence under Section 147 is two years imprisonment or fine or both, for the offence under Section 294(b) - imprisonment of three months or fine or both, for the offence under Section 323 imprisonment of one year or fine, for offence under Section 427 imprisonment for two years or fine. He further submitted that as per Section 468(2) of the period of limitation shall be maximum three years of imprisonment. In this case, the offences involved are punishable with one year or two years imprisonment.

Therefore, maximum period of three years prescribed as per Section 468(2) of Cr.P.C. had already been lapsed, howe

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