Madras High Court
Sivaneshan vs The State Rep. By on 21 December, 2021
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.12.2021
Coram:
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
Sivaneshan, ... Petitioner
/versus/
1. The State Rep. by,
The Inspector of Police,
Vanapuram Police Station,
Thiruvannamalai District.
Crime No.1438 of 2020
2. Krishnamoorthi, ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to
call for the records in Crime No.1438 of 2021 pending on the file of Inspector of
Police, Vanapuram Police Station, Thiruvannamalai District and quash the FIR
pending against the petitioner.
For Petitioner : Mr.S.Silambu Selvan
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor for R1
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
ORDER
This Criminal Original Petition has been filed praying to call for the records
in Crime No.1438 of 2021 pending on the file of the 1 st respondent/Inspector of
Police, Vanapuram Police Station, Thiruvannamalai District and quash the First
Information Report pending against the petitioner.
2.The learned counsel appearing for the petitioner submitted that, the 2nd
respondent/defacto complainant is father-in-law of the petitioner. The averments
made in the complaint is that, on 02.09.2019, marriage was solemnized between
the petitioner and the daughter of the de-facto complainant Monisha. After one
month, the petitioner went to Dubai. Thereafter, he came back to India, after two
months and he stayed for a period of 15 days with his wife (deceased). Again, he
went to Dubai. On 11.06.2020, the deceased stayed in the matrimonial home. At
that time, she committed suicide by hanging. He further submitted that, at the time
of the commission of the offence, the petitioner was working at abroad and he is
no way connected with the alleged offences. The prosecution has not established
the facts in proper manner with all probabilities of law and had filed the charge
sheet without having any documentary evidence. From the above grounds, it is
seen that the Police has registered the case for the purpose of harassing the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
petitioner. In support of his arguments, he relied upon a judgment of this Court in
S.Murugesan and others v. State and others reported in [2021(1) CTC 826 ].
3.The learned Additional Public Prosecutor appearing for the first
respondent raised objections stating that the marriage was performed on
21.09.2019 Immediately, within a short period, the petitioner left his wife from
India and he went to Dubai for the purpose of job. After two months, he came
back to India and lived with his wife for a period of 15 days and thereafter, again
he went to Dubai. Thereafter, after two months, again the petitioner came from
Dubai and lived with his wife for more than one month and in the month of March
2020, the petitioner went to Dubai, and inspite of requests made by the parents and
the deceased, he did not heed to their request. On 10.06.2020 at about 11.00 a.m.,
the wife of the petitioner had committed suicide by hanging. Hence, the father of
the deceased had lodged a complaint before the respondent Police.
4.Heard both sides and perused the materials available on record.
5.On a perusal of the RDO report, it is primafacie revealed that, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
petitioner was not satisfied with her matrimonial life and he has demanded some
jewelery and also continuously, he was harassing the deceased. Due to harassment
of the petitioner and his family members, the deceased committed suicide by
hanging. The RDO enquiry has also been conducted. In the RDO report, it is
stated that due to misunderstanding between the husband and wife, she committed
suicide by hanging. Therefore, this Court does not find any irregularity in the
charge sheet in Cr.No.1438 of 2020. Hence, the Criminal Original Petition is
liable to be dismissed. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected Miscellaneous Petition is closed.
21.12.2021
Index : Yes/No.
Internet :Yes/No.
Speaking order/Non-speaking order.
ari
To
1.The Inspector of Police,
Vanapuram Police Station, Thiruvannamalai District.
2.The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI, J.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
ari
Crl.O.P.No.24909 of 2021
& Crl.M.P.No.13718 of 2021
21.12.2021
https://www.mhc.tn.gov.in/judis
