SUGUNA Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR registered in Crime No.79 of 2018 on the file of the first respondent police.

(2.) The learned Counsel for the Petitioner submitted that the Petitioner is the first accused in Crime No.79 of 2018 on the file of the Reddiyar Palayam Police Station, Puducherry. As per the contents of the complaint, the de-facto complainant, who is the Second Respondent in this petition, had lodged the complaint before the Reddiyar Palayam Police Station for the alleged offences committed against him by the Petitioner herein/first accused when she was serving as Sub Inspector of Police in All Women Police Station at Sirkazhi, Nagappattinam District. In the case filed against the Second Respondent by his brother's wife, the Petitioner herein as Sub Inspector of Police, All Woman Police Station, Sirkazhi, had on the basis of the bona fide complaint, registered First Information Report in the year 2012. Subsequently, after six years, as an after-thought and as a counter-blast, this case has been registered at Puducherry against a serving Police Officer in Sirkazhi All Women Police Station, Nagapattinam District in Tamil Nadu. He further submitted that no prior sanction was obtained to prosecute the serving official who discharged her duties. Therefore, he seeks to quash the FIR registered against the Petitioner by the Puducherry Police.

(3.) As per the submission of the Second Respondent/defacto complainant, the Second Respondent is the brother of the husband of A-2 and Bharathi/A-2 is married to the brother of the Second Respondent/defacto complainant. A-1 is the Inspector of Police, All Woman Police Station, Seerkazhi. A-1 and A-2 are close friends and classmates. A-2 left the matrimonial home at Pondicherry. In the course of matrimonial life, A-2 had two children and after sometime in October, 2011 A-2 left the matrimonial home to her mother's place at Seerkazhi. Thereafter, there was a mediation by the elders. On the outcome of mediation, A-2 came back to matrimonial home for reunion along with A-1. After living the matrimonial home, for sometime, again she left from her matrimonial home along with her belongings on 22/9/2012. On 24/9/2012, she preferred a complaint before the All Woman Police Station at Seerkazhi. Accordingly, All Woman Police Station served summons to the Second Respondent/defacto complainant and his family members directing them to appear before A-1 on 26/9/2012. Suspecting foul play, the Second Respondent/defacto complainant moved Anticipatory Bail before the learned Principal Sessions Judge, Nagapattinam on 28/9/2012. Based on the reply by the learned Public Prosecutor before the learned Principal Sessions Judge that FIR had not been registered, the petition for Anticipatory Bail was dismissed on 28/9/2012. On the next day i.e., on 29/9/2012, A-1 had registered FIR in Cr.No.10 of 2012 on the file of the All Woman Police Station, Seerkazhi. In the FIR itself, it is mentioned that the alleged occurrence took place 100 kms away from the matrimonial home viz., Roja Nagar, Pondicherry.