Madras High Court
Chokkalingam vs The Inspector Of Police on 11 August, 2021
Crl.O.P.No.8405 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.O.P.No.8405 of 2018
and
Crl.M.P.Nos.4356 & 4357 of 2018
1. Chokkalingam
2. Suguna .. Petitioners
Vs.
1. The Inspector of Police,
All Women Police Station,
Thiruvannamalai Taluk,
Thiruvannamalai District.
2. Karthika .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records in C.C.No.241 of 2017 on the
file of the Court of Judicial Magistrate - II, Thiruvannamalai Disrict and
quash the same.
For Petitioners : Mr.G.Shakthivel
For Respondent No.1 : Mr.C.E.Pratap
Government Advocate (Crl.Side)
For Respondent No.2 : No appearance
1
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Crl.O.P.No.8405 of 2018
ORDER
This petition has been filed by the petitioner to call for the
records in C.C.No.241 of 2017, on the file of the Court of Judicial
Magistrate - II, Thiruvannamalai Disrict and quash the same.
2. Facts leading to the present round of litigation is that the
petitioners herein are the father-in-law and mother-in-law of the 2 nd
respondent. The marriage between the petitioner's son and the 2nd
respondent herein was solemnized on 14.06.2009, in the presence of elders
of the family and the petitioner's son is working as a Police Constable in
Thiruvannamalai District Reserved Armed Force. After marriage, the
couples were lived in the matrimonial home and after six month of their
marriage life, there was no compatibility between them and frequent quarrel
had arose. So the petitioner and his family decided to shift them to the
police quarters and in the meantime, they have also begotten female child,
namely, Joshitha on 02.06.2010. Thereafter also, there was no
companionship between the couples, thereby the 2nd respondent lodged a
Dowry Harassment and Domestic Violence case before the All Women
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Crl.O.P.No.8405 of 2018
Police Station and the same was registered as FIR No.25/2016, under
Section 498(A) IPC against the petitioners. Thereafter, the petitioners were
arrested and released on bail by the Courts below.
3. The petitioner's son has filed H.M.O.P.NO.146/2015 before
the Sub Court, Thiruvannamalai, on 21.09.2015, and the case is pending. In
the above said case, the 2nd respondent has filed I.A.No.15/2016, seeking
claim for a sum of Rs.2,500/- for the 2nd respondent and Rs.2,000/- for her
child as interim maintenance.
4. It is the case of the petitioner that the criminal prosecution in
FIR No.25/2016, against the petitioners was instituted by the 2nd respondent
with ulterior motive for wreaking vengeance against the petitioners and
therefore, the petitioner is before this Court to quash C.C.No.241/2017, on
the file of the Court of Judicial Magistrate II, Thiruvannamalai District.
5. The learned counsel appearing for the petitioner submitted
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Crl.O.P.No.8405 of 2018
that the 2nd respondent has made frequent wordy quarrel with the petitioners
and their son and lodged a police complaint as if the petitioners have
harassed her. The 1st respondent, without conducting any proper enquiry has
registered a case in FIR No.25/2016 and same was culminated into a Charge
Sheet in C.C.No.241/2017. Hence, the learned counsel prays to quash the
proceedings pending before the Trial Court.
6. The learned Government Advocate (Crl.Side) submitted that
if this Court fixes any outer limit time limit for concluding the trial before
the Trial Court, the same may be given disposal accordingly and further this
Court may issue a direction to the Trial Court to expedite the trial and
complete the same as early as possible.
7. There is no representation on behalf of the 2nd respondent.
This Court, considering the pendency of this petition, is inclined to dispose
of the matter on merits.
8. A perusal of the complaint discloses that necessary
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Crl.O.P.No.8405 of 2018
ingredients are available to implicate the petitioners in the present case on
hand. However, expressing any opinion on the merits of the case will affect
the rights of the parties before the Trial Court, where the case is pending
adjudication and therefore, this Court is inclined to issue direction to the
Trial Court to dispose of the proceedings in C.C.No.241/2017, on the file of
the Judicial Magistrate II, Thiruvannamalai District, as expeditiously as
possible. Further considering the age of the petitioner and as requested by
the learned counsel for the petitioners, their appearance before the trial court
is dispensed with except for their appearance for the purpose of receiving
the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning
under Section 313 Cr.P.C. and on the day on which judgment is to be
pronounced. However, if for any particular reason, the presence of the
petitioners are necessary, the trial court, at its wisdom, shall direct their
appearance on those days. Consequently, connected miscellaneous petitions,
if any, are closed.
9. This Criminal Original Petition is disposed of with the above
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Crl.O.P.No.8405 of 2018
observations. Consequently connected miscellaneous petitions are closed.
11.08.2021
sk
To
1. The Judicial Magistrate - II, Thiruvannamalai Disrict.
2. The Public Prosecutor,
High Court, Madras.
M.DHANDAPANI,J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.No.8405 of 2018
Sk
Crl.O.P.No.8405 of 2018
and
Crl.M.P.Nos.4356 & 4357 of 2018
11.08.2021
https://www.mhc.tn.gov.in/judis/
