IRFANA NASREEN Vs. STATE

JUDGEMENT

(1.) 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 Ss. 420, 417 and 379 IPC therein. Even though the petitioner sought to include Sec. 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.5,00,000.00 (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 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 Ss. 498-A and 406 I.P.C without including the offences punishable under Ss. 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 Ss. 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 Ss. 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.