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A.Rajasekaran vs State on 10 February, 2020

Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.O.P.Nos.8822, 10866 10265 of 2013

and Crl.O.P.Nos.9248 18474 of 2014

Crl.O.P.No.8822 of 2013:

1.A.Rajasekaran

2.R.Shenbhagavalli @ Valliammal .. Petitioners

/versus/

1.State
rep.by the Inspector of Police,
All Women Police Station,
Harur,
Dharmapuri District.

2.D.Vidhya .. Respondents

Crl.O.P.No.10866 of 2013:

1.R.Saravanakumar
2.A.Rajasekaran
3.R.Shenbhagavalli @ Valliammal .. Petitioners

/versus/

D.Vidhya .. Respondent

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

Crl.O.P.No.10265 of 2013:

R.Saravanakumar .. Petitioner

/versus/

1.State
rep.by the Inspector of Police,
All Women Police Station,
Harur,
Dharmapuri District.

2.Vidhya .. Respondent

Crl.O.P.No.9248 of 2014:

A.Rajasekaran .. Petitioner

/versus/

1.State
Rep.by the Superintendent of Police,
Dharmapuri District,
Dharmapuri.

2.The Inspector of Police,
Dharmapuri Town Police Station,
Dharmapuri. .. Respondents

Crl.O.P.No.18474 of 2014:

1.R.Saravanakumar

2.A.Rajasekaran

3.R.Shenbhagavalli @ Valliammal .. Petitioners

/versus/

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

1.State
Rep.by the Inspector of Police,
Harur Police Station,
Dharmapuri District.

2.A.Dhanasekaran .. Respondents

Prayer in Crl.O.P.No.8822 of 2013: Criminal Original Petition has
been filed under Section 482 of the Criminal Procedure Code, 1973,
praying to call for the records pertaining to C.C.No.33 of 2013 pending
on the file of the Judicial Magistrate at Harur and quash the same as
illegal, incompetent and ultravires by allowing the present criminal
original petition.

Prayer in Crl.O.P.No.10866 of 2013:Criminal Original Petition has
been filed under Section 482 of the Criminal Procedure Code, 1973,
praying to call for the records pertaining to M.C.No.15 of 2012 pending
on the file of the Judicial Magistrate at Harur and quash the same as
illegal, incompetent and ultravires by allowing the present criminal
original petition.

Prayer in Crl.O.P.No.10265 of 2013:Criminal Original Petition has
been filed under Section 482 of the Criminal Procedure Code, 1973,
praying to call for the records pertaining to C.C.No.33 of 2013 pending
on the file of the Judicial Magistrate at Harur and quash the same as
illegal, incompetent and ultravires by allowing the present criminal
original petition.

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

Prayer in Crl.O.P.No.9248 of 2014: Criminal Original Petition has
been filed under Section 482 of the Criminal Procedure Code, 1973,
praying to direct the 2nd respondent to register the complaint of the
petitioner dated 03.04.2014 and to investigate the same in accordance
with law.

Prayer in Crl.O.P.No.18474 of 2014:Criminal Original Petition has
been filed under Section 482 of the Criminal Procedure Code, 1973,
praying to call for the records pertaining to Crime No.394 of 2014 on
the file of the 1st respondent and quash the same as illegal,
incompetent and ultravires.

Crl.O.P.No.8822 of 2013:

For Petitioners :Mr.R.Jayaprakash

For Respondents :Ms.V.Saratha Devi, GA(crl.side)
for R1
Mr.N.Vijaya Baskar for R2

Crl.O.P.No.10866 of 2013:
For Petitioners :Mr.R.Jayaprakash
For Respondent :Mr.N.Vijaya Baskar

Crl.O.P.No.10265 of 2013:
For Petitioner :Mr.R.Jayaprakash

For Respondents :Ms.V.Saratha Devi, GA(crl.side)
for R1
Mr.N.Vijaya Baskar for R2

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

Crl.O.P.No.9248 of 2014:
For Petitioner :Mr.R.Jayaprakash
For Respondents :Ms.V.Saratha Devi, GA(crl.side)
for R1 R2

Crl.O.P.No.18474 of 2014:
For Petitioners :Mr.R.Jayaprakash

For Respondents :Ms.V.Saratha Devi, GA(crl.side)
for R1
Mr.N.Vijaya Baskar for R2

COMMON ORDER

Crl.O.P.No.8822 of 2013 has been filed by the mother in law and

father in law of the defacto complainant, Crl.O.P.10265 of 2013 has

been filed by the husband of the defacto complainant and Crl.O.P.No.

10866 of 2013 has been filed by the husband and his parents. All

these petitions are filed against the charge sheet filed by the law

enforcing agency u/s.498A,406, 294(b), 506(i) IPC and are filed by the

very same parties.

2.Crl.O.P.No.9248 of 2014 has been filed by the father in law of

the defacto complaint to register a complaint against the 3rd parties

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Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

who assembled in front of the house to compromise the matrimonial

dispute and Crl.O.P.No.18474 of of 2014 has been by the husband and

the father in law and mother in law of the defacto complaint to quash

the F.I.R. in crime No.394 of 2014 said to have registered by the law

enforcing agency based on the complaint given by the father of the

defacto complainant.

3.All these batch of petitions came to be filed out of the

matrimonial disputes arose between the defacto complainant viz.

D.Vidhya and R.Saravanakumar.

4.For better clarifications, the parties herein are referred by their

names.

5.The marriage of D.Vidhya and R.Saravanakumar was

solemnized on 06.02.2012. After the marriage, there is no

compatibility between the couple, leading to a series of petitions filed

by the parties, challenging the complaints filed for the alleged offences

u/s.498 A,406, 294(b), 506(i) IPC, Domestic Violence Act and 306

IPC., challenging the said complaints, these petitions are filed to quash

the proceedings and seeking for a direction to register F.I.R.

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

6.The learned counsel for the petitioners would submit that there

was series of disputes in between the petitioners’ family and the

defacto complainant’s family and all these complaints are vexatious in

nature which did not disclose any facts, accordingly, prays for

appropriate orders.

7.The learned counsel appearing for the defacto complainant /

D.Vidhya would submit that all these issues raised by the petitioners

are triable issues and further all other batch of petitions relate to the

investigation of the cognizance made. Therefore, the Investigating

Officer may file a report or may close these complaints. This Court

may issue a direction to the law enforcing agency and the Trial Court

to expedite the Trial and complete the investigation within a period of

reasonable time.

8.In the light of the above submissions, and on perusal of the

disputed facts, this court is of the opinion that these issues cannot be

decided under Section 482 of Cr. P.C. Hence, without going into the

merits of the case, this court is inclined to issue a direction to the law

enforcing agency to complete the respective proceedings as

expeditiously as possible.

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

9.As far as the petitions in Crl.O.P.Nos.8822, 10265 10866 of

2013 are concerned, this Court directs the learned Judicial Magistrate,

Harur, to expedite the trial in C.C.No.33 of 2013 and M.C.No.15 of

2012 and complete the same as early as possible. The appearance of

the petitioners before the Trial Court is dispensed with. However, this

order will not stand on the way of the Trial Court to insist for the

appearance of the petitioners for receiving copies under Section 207 of

Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C.

and judgment and as and when the Trial Court feels it necessary.

10.As far as the petitions in Crl.O.P.No.9248 18474 of 2014

are concerned, this Court directs the law enforcing agency to complete

the enquiry within a period of 8 weeks from the date of receipt of a

copy of this order.

11.With the above directions, these criminal original petitions

stand disposed of. Consequently, connected miscellaneous petitions,

if any, are closed.

10.02.2020
kas

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

To

1.The Superintendent of Police,
Dharmapuri District,
Dharmapuri.

2.The Inspector of Police,
All Women Police Station,
Harur,
Dharmapuri District.

3.Inspector of Police
Harur Police Station
Dharmapuri District

4.The Inspector of Police,
Dharmapuri Town Police Station,
Dharmapuri.

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http://www.judis.nic.in
Crl.O.P.Nos.8822, 10866 10265 of 2013
and Crl.O.P.Nos.9248 18474 of 2014

M.DHANDAPANI,J.

kas

Crl.O.P.Nos.8822,10866
10265 of 2013
and
Crl.O.P.Nos.9248
18474 of 2014

10.02.2020

10/10

http://www.judis.nic.in

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