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Madras High Court

C.Ramamoorthy/A2 vs The State Rep. By on 9 January, 2024

Author: T.V.Thamilselvi

Bench: T.V. Thamilselvi

Crl.O.P.Nos.22645 28780 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.01.2024

CORAM :

THE HON’BLE MRS. JUSTICE T.V. THAMILSELVI

Crl.O.P.Nos.22645 28780 of 2022
and
Crl.M.P.Nos.14528 17624 of 2022

1.C.Ramamoorthy/A2
2.R.Selvarani/A3
3.V.Shanthi /A4 … Petitioners in Crl.O.P.No.22645 /
2022

R. Sathish/A1 … Petitioners in Crl.O.P.No.28780 / 2022

Versus

1.The State Rep. By
The Inspector of Police,
Rajamangalam Police Station,
Greater Chennai,
Chennai City.
(Crime No.450 of 2022)

2. Kannan … Respondent in both Crl.O.P.s

COMMON PRAYER: Criminal Original Petitions filed Under Section 482
of the Code of Criminal Procedure, praying to call for the records pertaining
to the FIR in Crime No.450 of 2022 pending on the file of the 1st respondent
and quash the same.

For Petitioners in both Crl.O.P.s :Mr.R.John Sathyan, Senior Counsel
for Mr.G.Prakash Kumar
https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.22645 28780 of 2022

For R1 in both Crl.O.P.s :Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
For R2 in both Crl.O.P.s :Mr.T.Balaji

COMMON ORDER

The petitioners have filed these petition to quash the FIR in Crime

No.450 of 2022 pending investigation on the file of the 1 st respondent, for the

offences under Section 174(3) of Cr.P.C., subsequently altered into Section

498A and 306 of IPC, against the petitioners.

2. The case of the prosecution is that, defacto complainant is the father

of the Rekha Devi (Deceased). On 15.02.2021, marriage was solomized

between A1 and Rekha Devi (Deceased) in Prasanna Venkatachalapathy

Temple at Madurai. Due to matrimonial dispute, the petitioners have harassed

the victim and demanded dowry. On 06.12.2021 A1 left Rekha Devi

(Deceased) in her parental home because of difference of opinion between

them. Thereafter, A1 filed HMOP.No.388 of 2022, for seeking divorce and

the same was duly replied by the Rekha Devi (Deceased) through her counsel

and at a later point of time the victim is said to have received notice from the

Court for attending the divorce proceedings and finally she decided to go

away with her life and committed suicide by hanging herself in her parental
https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.22645 28780 of 2022

home. Hence, the defacto complainant lodged a complaint against the

petitioners for the offences under Sections 174(3) of Cr.P.C., subsequently

altered into Section 498A and 306 of IPC. Hence, the complaint.

3. The learned counsel for the petitioners submitted that A1 is the

husband and A2 to A4 are in-laws of Rekha Devi (Deceased). He further

submitted that A2 to A4 are no way connected with the dispute between A1

and Rekha Devi (Deceased). He also submitted that there is no specific overt

act against the petitioners. More over the victim died in her parental home,

after 6 months left from the matrimonial home, in the interregnum period

there was no contact from us. Hence, he prays to quash the proceeding of the

FIR in Crime No.450 of 2022.

4. The learned Government Advocate (Crl.Side) submitted that due to

matrimonial dispute the victim committed suicide by hanging herself in her

parental home, for which he produced the suicide note, in which stating about

the harassment made by the petitioners. Based on the complaint lodged by the

defacto complainant, the respondent police registered the case against the

petitioners in Crime No.450 of 2022. Hence, he raised strong objection to

quash the FIR.

https://www.mhc.tn.gov.in/judis

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Crl.O.P.Nos.22645 28780 of 2022

T.V.THAMILSELVI, J.

rri

5. On a perusal of the records, it reveals that on 15.02.2021 marriage

was performed between the defacto complainant’s daughter and A1, but she

committed suicide within 1 ½ years from the date of marriage. Besides there

is a suicide note made by Rekha Devi (Deceased), which needs detailed

investigation. At this stage, this Court is not inclined to quash the proceedings

in Crime No.450 of 2022.

6. Accordingly, these Criminal Original Petitions are dismissed.

Consequently, connected miscellaneous petitions are closed.

09.01.2024
Index : Yes/No
Speaking/Non Speaking order
Neutral Citation:Yes/No
rri

To

1. The Inspector of Police,
Rajamangalam Police Station,
Greater Chennai, Chennai City.

2.The Public Prosecutor,
High Court of Madras.

Crl.O.P.Nos.22645 28780 of 2022
and Crl.M.P.Nos.14528 17624 of 2022
https://www.mhc.tn.gov.in/judis

44