CRL OP No. 19254 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19254 of 2026 and Crl.MP.No.12796 of 2026 N.Aadhithan ..Petitioner(s) Vs 1. The State of Tamil Nadu represented by the Inspector of Police All Women Police Station, Vadapalani, Chennai - 600 026. 2. Elakkiya Shree ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS to call for entire records in Crime No.9 of 2026 on the file of the 1st Respondent Police and Quash the FIR against the petitioner or pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case. For Petitioner(s): Mr.L Infant Dinesh For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Criminal Side) For R1 https://www.mhc.tn.gov.in/judis CRL OP No. 19254 of 2026 __________ Page2 of 4 ORDER The prayer in the criminal original petition is to quash the FIR in crime No.9 of 2026. 2.The defacto complainant being the wife of the petitioner had given a complaint stating that she has been subject to cruelty both mental and physical and accordingly, the case has been registered. It is the further contention of the defacto complainant that on account of the attack by the petitioner, she also suffered miscarriage. 3.The learned counsel for the petitioner would submit that the alleged allegation of attack is false. Even subsequent to the date of alleged attack, it is the petitioner who had taken the wife for scanning and further treatment. During the subsequent scan, the child was alive and there was no problem for the child. Subsequently, due to fibrosis, the miscarriage happened. There are medical records to conclusively prove all that. 4.I have considered the said submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 19254 of 2026 __________ Page3 of 4 5.When cruelty is alleged, merely because the petitioner is said to be having the medical records with reference to miscarriage alone, the FIR itself cannot be quashed and the investigation cannot be thwarted at the nascent stage. Even though the petitioner is an accused, it will be open for the petitioner to place on record before the investigating officer, if he chooses, all the medical records relating to the miscarriage. The investigating officer shall dispassionately look into the same and in this case, since the version of the petitioner that he never indulged in any cruelty is factual in nature, the same cannot be taken on its face value and this Court cannot quash the FIR itself. Therefore, keeping open the liberty of the petitioner to raise all the grounds at the appropriate stages, the criminal original petition stands disposed of. Consequently, connected miscellaneous petition is closed. 21-07-2026 Neutral Citation: Yes/No sms To 1. The Inspector of Police All Women Police Station, Vadapalani, Chennai - 600 026. 2. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19254 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. sms CRL OP No. 19254 of 2026 and Crl.MP.No.12796 of 2026 21-07-2026 https://www.mhc.tn.gov.in/judis