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S.Lalitha vs State on 20 December, 2019

Crl.O.P.No.18989 of 2013

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 20.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Criminal Original Petition No.18989 of 2013
and M.P.No.1 of 2013

1.S.Lalitha
2.Sethuraman
3.Ganesan
4.Maheswari .. Petitioners

.. Vs ..

1.State
Rep. by the Inspector of Police
W.28, All Women Police Station
Ambattur, Chennai
2.M.Saraswathi .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,
praying to quash the complaint in C.C.No.171 of 2013 on the file of
Judicial Magistrate, Ambattur.

For Petitioners : Mr.S.K.S.Karthik Raja

For Respondents : Mr.R.Ravichandran,
Govt.Advocate [Criminal Side]
for R1.

ORDER

Based on the complaint given by the defacto complainant/the 2nd

respondent herein against the petitioners and A-1 before the 1st

respondent, the 1st respondent registered a case against the petitioners

and A-1 for the offence under Sections 498A and 506(ii) of IPC and
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Crl.O.P.No.18989 of 2013

Section 4 of the Dowry Prohibition Act. After the investigation, the 1 st

respondent laid a charge sheet before the learned Judicial Magistrate,

Ambattur. The learned Magistrate taken cognizance of the charge in

C.C.No.171 of 2013. During the pendency of the C.C.No.171 of 2013, the

petitioners have approached this court to quash the proceedings in

C.C.No.171 of 2013 on the file of Judicial Magistrate, Ambattur. The

petitioners herein are arrayed as A-2 to A-5 in the FIR and charge sheet.

2. The learned counsel for the petitioners would submit that

petitioners are only in-laws, husband is A-1. A-1 is not a party to this

petition. Already, H.M.O.P., fled on the ground of nullity of marriage by A-

1. The counter party/2nd respondent filed a false complaint against the

husband and also against in-laws i.e., the present petitioners herein. Even

the marriage itself is a forcible marriage, therefore, the subject matter of

the marriage is pending before the competent court. Wife filed petition for

restitution of conjugal rights in H.M.O.P.NO.604 of 2012. Husband filed

petition in H.M.O.P.No.526 of 2012 for divorce on the ground of nullity of

marriage and both petitions are pending.

3. Admittedly, the 2nd respondent is the wife. The 1st accused is the

husband. Further, it is admitted that matrimonial disputes are pending

before the competent court between the husband and wife. The 2 nd

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Crl.O.P.No.18989 of 2013

respondent wife has preferred a complaint against the husband and the

family members alleging that they are demanding huge dowry and also

harassing her.

4. The learned counsel for the petitioners would submit that after

filing petition for divorce by the husband, the 2nd respondent/wife has filed

the complaint in order to take revenge and the petitioners herein are no

way connected with the alleged offence.

5. A reading of the complaint and charge sheet shows that there is

prima facie allegations against the petitioners. The relationship between

the parties is not disputed. The 2nd respondent wife is residing in parental

house and not disputed the matrimonial disputes pending between

husband and wife. There are allegations of demand of dowry and

harassment meted out. Whether all the petitioners herein are involved in

the offence or not has to be decided only after trial. Therefore, under

these circumstances, this court does not find any ground to quash the

complaint in C.C.No.171 of 2013 as against the petitioners herein. There

is no merit in the Crl.O.P. Accordingly, this Crl.O.P., is dismissed.

Consequently, connected Miscellaneous Petition is closed.

20.12.2019
nvsri
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Crl.O.P.No.18989 of 2013

P.VELMURUGAN, J.

nvsri

To

1.The Judicial Magistrate, Ambattur.

2.The Section Officer, Criminal Section, High Court, Madras.

Crl.O.P.No.18989 of 2013

20.12.2019

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