Advocates:
['M/s Radhakrishnan M', '', 'Aarthy S', '', 'Public Prosecutor']

Crl.O.P.(MD)No.11840 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.07.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

Crl.O.P(MD)No.11840 of 2022

Irfana Nasreen

... Petitioner

Vs.

The State,

Represented by,

The Inspector of Police,

All Women Police Station,

Thallakulam,

Madurai City.

(Crime No.25 of 2022)

...Respondent

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., directing

the respondent police to alter the FIR in Crime No.25/2022 on the file of the

respondent police station by including the Sections 420, 417 and 379 IPC

therein.

For Petitioner

: Mr.M.Radhakrishnan

For Respondent

: Mr.R.Suresh Kumar,

Government Advocate (Criminal Side).

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Crl.O.P.(MD)No.11840 of 2022

ORDER

This Criminal Original Petition has been filed to direct the respondent

police to alter the FIR in Crime No.25 of 2022 on the file of the respondent

police station by including the Sections 420, 417 and 379 IPC therein. Even

though the petitioner sought to include Section 379 I.P.C, the learned counsel

for the petitioner has not pressed the same.

2. The learned counsel for the petitioner submitted that the petitioner is

the wife and the accused is the husband. The first accused husband without

disclosing the fact that he is an impotent, married the complainant for the

second time and he also received 200 sovereigns gold jewels, with things worth

about Rs.5,00,000/- (Rupees Five Lakhs only). After the marriage, the

petitioner came to know that her husband is an impotent and subsequently, she

came to know that her husband's first marriage was ended in failure on the

ground that he is an impotent. Under these circumstances, the petitioner's

husband and his family members without disclosing the entire facts, cheated the

petitioner by not disclosing her husband's impotency and showed himself as a

competent person to consummate the marriage. After the truth came to light

about the accused husband, having no other way, to get rid of this situation, the

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Crl.O.P.(MD)No.11840 of 2022

accused husband granted divorce by saying talak and went to U.S. Aggrieved

over the same, the petitioner given a complaint to the respondent Police. They

registered a case in Crime No.25 of 2022 under Sections 498-A and 406 I.P.C

without including the offences punishable under Sections 417 and 420 I.P.C,

even though the allegations disclosed the fact of cheating committed by the

accused persons. Hence, the petitioner filed this Petition to include the

offences punishable under Sections 417 and 420 I.P.C.

3. The learned Government Advocate (Criminal Side), appearing for the

respondents submitted that after receiving the complaint, a case has been

registered in Crime No.25 of 2022 for offences under Sections 498-A and 406

I.P.C. Now, the matter has been referred for preliminary enquiry to Social

Welfare Department, Madurai, for the purpose of conducting preliminary

enquiry. After receiving the report from the Social Welfare Department,

Madurai, they are ready to consider the alteration of F.I.R.

4. I have considered the matter in the light of the submissions made by

the learned counsel for the petitioner and the learned Government Advocate

(Criminal Side) appearing for the respondent and perused the records.

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Crl.O.P.(MD)No.11840 of 2022

5. Perusal of the records reveals the fact that the petitioner is the

complainant. The marriage between the petitioner and the first accused took

place on 04.04.2021 at Marriott Hotel, Madurai. After the marriage, the

complainant and the accused were residing at Soolaimedu, Chennai. From the

inception of the marriage, the complainant found the different attitude of the

husband accused and