IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2022

CORAM:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

Crl.O.P.No.26048 of 2019

and

Crl.M.P.No.13866 of 2019

Shivashankar

..Petitioner/Accused

Vs.

1.State rep.by

The Inspector of Police,

J-6, Thiruvanmiyur Police Station,

Chennai.

Crime No.107 of 2019

2.Sathiya Priya

..Respondents/Defacto Complaianant

PRAYER: Criminal Original Petition filed under Section 482

Cr.P.C. praying to call for the records and quash the FIR in

Crime No.107 of 2019 on the file of the 1^st respondent police.

For Petitioner : Mr.N.R.Elango, Senior counsel

for M/s.Sriram

For R1

: Mr.N.S.Suganthan

Government Advocate (Crl.Side)

O R D E R

The petitioner herein, who is arrayed as accused in

Crime.No.107 of 2019, registered under Section 307 of IPC, has

filed this petition to quash the First Information Report.

2. The case is where one Nithya aged about 27 years

committed suicide by hanging, which came to light two days

thereafter. The Sister of the deceased has given a complaint to

the respondent police suspecting the petitioner herein as an

accused for the suicidal death of Nithya.

3. The learned Senior counsel appearing for the

petitioner after reading the entire First Information Report

https://hcservices.ecourts.gov.in/hcservices/

would state that the F.I.R does not indicate any prima facie

material that the deceased committed suicide at the instigation

of the petitioner / accused. The complaint only discloses that

the deceased was living away from the family members, had

developed an affair with the petitioner herein and later she

came to know that the petitioner is already married, but

suppressed the same and married the deceased. On the face of it

even if the complaint has taken as proof, the petitioner herein

cannot be prosecuted under Section 307 of IPC.

4. However, the learned Government Advocate (Crl.Side)

appearing for the respondent submitted that the investigation is

completed and the suicide note has been recovered from the room

of the deceased. On completion of the investigation, a draft

final report is made ready for filing. The CD file is also

circulated for perusal.

5. On considering the material collected by the

Investigating Officer, this Court finds that it is not a case

for quash, since the investigation agency has collected the

material based on the complaint, which has provided enough

evidence for laying final report. However it is open for the

petitioner herein to workout his remedy on receipt of the

documents relied by the prosecution once the final report is

filed.

6. In the result, this Criminal Original Petition is

dismissed. Consequently, connected Criminal Miscellaneous

Petition is also dismissed.

Sd/-

Assistant Registrar(CS II)

//True Copy//

Sub Assistant Registrar

rpl

To,

1.The Inspector of Police,

J-6, Thiruvanmiyur Police Station,

Chennai.

2. The Public Prosecutor,

High Court, Madras.

Crl.O.P.No.26048 of 2019

and Crl.M.P.No.13866 of 2019

sr(CO)

A.SK(06/07/2022)

https://hcservices.ecourts.gov.in/hcservices/