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D.Mani Teja vs The State Represented By on 11 March, 2020

CRL.O.P.Nos.31129 32100 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.Nos.31129 32100 of 2019
Crl.MP.Nos.16934, 18814, 18817 17629 of 2019

D.Mani Teja … Petitioner in
Crl.O.P.No.31129 of 2019
1. K.Arunprakash
2. A.Kayamboo
3. B.Gandhimathi
4. Abinaya … Petitioners in
Crl.O.P.No.32100 of 2019
Vs.
1. The State Represented by
The Inspector of Police,
All Womens Police Station,
Tambaram, Chennai.
(Crime No.33/2019)

2. Elaveni
W/o.Arunprakash … Respondents in both
Crl.O.Ps.

PRAYER in both petitions: Criminal Original Petition filed under
Section 482 of Cr.P.C. praying to call for the records in Crime No.33 of
2019 on the file of the Inspector of Police, All Women Police Station,
Tambaram, Chennai viz., the first respondent herein and quash the same.

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CRL.O.P.Nos.31129 32100 of 2019

For Petitioners
in both Crl.O.Ps. : Mr.V.Vijayashankar

For Respondents
in both Crl.O.Ps.
For R1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
For R2 : Mr.S.Vasu
ORDER

These petitions have been filed to quash the FIR in Crime

No.33 of 2019 on the file of the Inspector of Police, All Women Police

Station, Tambaram, Chennai, registered for the offences under Sections

498(A), 406, 294(b) and 506(1) of IPC Section 4 Dowry Prohibition

Act, 1961, as against the petitioners.

2. On the complaint lodged by the second respondent alleging

that the first petitioner got married the second respondent on 05.12.2016

and they stayed along with the parents of the first petitioner. Due to their

wed lock a male child was born on 19.11.2017. Thereafter, the second

respondent was harassed physically and mentally by all the accused

persons, since all are residing in joint family. They also demanded more

dowry and jewels and gold ornaments were kept in their custody. The

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CRL.O.P.Nos.31129 32100 of 2019

first petitioner also used to slapped her on demanding dowry and also

scold in filthy language. On receipt of the same the first respondent

registered the FIR in Crime No. 33 of 2019 as against 5 persons, in which

the petitioners in Crl.O.P.No.32100 of 2019 are arrayed as A1 to A4 and

the petitioner in Crl.O.P.No.31129 of 2019 is arrayed as A5.

3. The learned counsel appearing for the petitioners contended

that due to misunderstanding between the first petitioner and the second

respondent, they got separated and the attempts of reconciliation were

not fruitful. Therefore the first petitioner/husband filed petition for

restitution of conjugal rights in H.M.O.P.No.878 of 2018 on the file of

the Sub Court, Tambaram. He also filed G.W.O.P.No.13 of 2019 for

guardianship of his minor child, before the District Court, Chengalpet.

Thereafter, the second respondent/defacto complainant lodged complaint

before the Tamilnadu State Women’s Commission and also concerned

Protection Officer. Both the complaints were closed as false and baseless.

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CRL.O.P.Nos.31129 32100 of 2019

4. Further contended that the second respondent filed divorce

petition in O.P.No.2016 of 2019 before the VI Additional Family Court,

Chennai. She also filed Transfer Civil Miscellaneous Petition in

Tr.C.M.P.Nos.418 and 419 of 2019 before this Court to transfer the

petitions filed by the first petitioner to the VI Additional Family Court,

Chennai. This Court allowed the transfer petitions and transfered the

petitions filed by the first petitioner to the VI Additional Family Court,

Chennai. In fact, the petitioner also permitted visitation right of his minor

child on every first Saturday of the month. While being so, the present

complaint has been lodged with false and frivolous allegations.

5. Heard Mr.V.Vijayashankar, learned counsel appearing for

the petitioners, Mr.M.Mohamed Riyaz, learned Additional Public

Prosecutor appearing for the first respondent and Mr.S.Vasu, learned

counsel appearing for the second respondent.

6. On perusal of records, the allegations made in the divorce

petition in H.M.O.P.No.2016 of 2019 are completely different from the

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CRL.O.P.Nos.31129 32100 of 2019

allegations made in the present complaint in Crime No.33 of 2019. The

complaint lodged only on 25.10.2019 and on perusal of complaint all the

allegations are bald and vague and there is no specific allegations as

against the petitioners. Further initially the first petitioner filed restitution

of conjugal right petition and also filed guardianship petition. The second

respondent appeared in both matters and also filed transfer petitions

before this Court in Tr.C.M.P.Nos.418 419 of 2019 and this Court

allowed the petitions and both petitions have been transfered to the VI

Additional Family Court, Chennai, to tried along with the divorce

petition in O.P.No.2016 of 2019. Therefore, the present FIR is nothing

but clear abuse of process of law and only to harass the petitioners, the

present FIR has been filed.

7. This Court finds some force in the arguments of the learned

counsel appearing for the petitioners and pending of the FIR would not

serve any purpose further any more. Further there is absolutely no prima

facie case to attract any of the offences alleged by the second respondent

herein.

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CRL.O.P.Nos.31129 32100 of 2019

8. In view of the above discussions, both the criminal original

petitions are allowed and the FIR in Crime No.33 of 2019 on the file of

the Inspector of Police, All Women Police Station, Tambaram, Chennai,

is quashed. Consequently, connected miscellaneous petitions are closed.

11.03.2020
Internet:Yes/No
Index :Yes/No
Speaking/Non speaking order
rts

To

1. The Inspector of Police,
All Womens Police Station,
Tambaram, Chennai.

2. The Public Prosecutor,
Madras High Court,
Chennai.

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CRL.O.P.Nos.31129 32100 of 2019

G.K.ILANTHIRAIYAN, J.

rts

Crl.O.P.Nos.31129 32100 of 2019
Crl.MP.Nos.16934, 18814, 18817
17629 of 2019

11.03.2020

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