Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
Crl.OP.No.6686 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM:
THE HON’BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.6686 of 2021
Crl.MP.Nos.4456 4457 of 2021
1.G.Rajasekhar
2.G.Balaiah
3.G.Dhanalakshmi … Petitioners
Versus
1.State represented by
The Inspector of Police,
W-17 Sembium,
AWPS, Peravallur,
Chennai – 600 082.
(Crime No.5/2017)
2.B.Keerthi … Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to CC.No.14/2021
on the file of Metropolitan Magistrate Additional Mahila Court, Egmore,
Chennai and to quash the final report filed by the respondent against the
petitioners.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.6686 of 2021
For Petitioners : Mr.P.V.Sanjeev
For R1 : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
ORDER
The petitioners/accused in CC.No.14 of 2021 who are facing trial
for the offences punishable under Section 498A of IPC have filed this
quash petition. The first petitioner is the estranged husband of B.Keerthi,
defacto complainant and second and third petitioners are in-laws.
2. The contention of the learned counsel for the petitioners is that
the allegations made against the petitioners is with regard to the defacto
complainant taking up vaccination for Hepatitis, which was during
February 2016 and marriage had taken place on 25.03.2016. He further
submitted that from the reading of the complaint, it is seen that the
defacto complainant had made allegations only against her in-laws and
nothing against the petitioner. As regards the father-in-law and mother-
Page No.2 of 6
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.6686 of 2021
in-law, the learned counsel for the petitioners was relying upon the
finding given by the Mahila Court in DVC.No.421 of 2017 in the order
dated 1.2.2018. With regard to the domestic relationship, it had held that
since the first petitioner and the defacto complainant had set up a
separate house, left the second and third petitioners and living separately,
there is no domestic relationship between the petitioner and the second
and third petitioners. Hence, Mahila Court had clearly held that there is
no domestic relationship and there is no prima facie case made out
against the second and third petitioners.
3. The learned Additional Public Prosecutor on the contrary, had
submitted that after the complaint, the case has been registered,
investigation conducted. LW1 is the defacto complainant, LW2 and LW3
are the parents of the defacto complainant. LW4 is the sister of LW1.
LW1 to LW4 had clearly stated about the mental and physical harassment
caused to the defacto complainant and as per the Section 498A of IPC,
the cruelty can be either mental or physical factor, which factum can be
decided only during trial. Hence, this is the fact that can be decided only
Page No.3 of 6
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.6686 of 2021
after evidence is recorded and not in a quash petition. Further LW5 is a
family friend, who corroborates the evidence of LW1 to LW4. Hence he
opposed the quash petition.
4. Considering the submissions made on either side, it is seen that
the petitioners are proceeded against 498A of IPC and the points raised
by the petitioner are factual in nature. It is to be decided only after full
fledged trial and not in a quash petition. In view of the same, this
Criminal Original Petition is dismissed. Consequently, the connected
Miscellaneous Petitions are closed.
5. The learned counsel for the petitioners requested this Court to
dispense with the presence of the second and third petitioners. Taking
into consideration, the facts and circumstances of the case, the presence
of the second and third petitioners is dispensed with and they shall be
represented by a counsel, who shall cross examine the witnesses on the
same day, they are examined in Chief. The second and third petitioners
Page No.4 of 6
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.6686 of 2021
shall be present before the Court below at the time of questioning under
Section 313 Cr.P.C and at the time of passing of the final judgment.
15.04.2021
Index: Yes/No
Internet: Yes
Speaking/Non-Speaking Order
mbi
To
1.The Metropolitan Magistrate,
Additional Mahila Court,
Egmore, Chennai
2.The Inspector of Police,
W-17 Sembium,
AWPS, Peravallur,
Chennai – 600 082.
3.The Public Prosecutor,
Madras High Court,
Chennai.
Page No.5 of 6
https://www.mhc.tn.gov.in/judis/
Crl.OP.No.6686 of 2021
M.NIRMAL KUMAR, J.
mbi
Crl.OP.No.6686 of 2021
Crl.MP.Nos.4456 4457 of 2021
15.04.2021
Page No.6 of 6
https://www.mhc.tn.gov.in/judis/