Madras High Court
S.M.Babu @ Muthu vs The State Of Tamil Nadu on 11 November, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.6345 of 2021 and
CRL.M.P.(MD)No.3657 & 3658 of 2021
1. S.M.Babu @ Muthu
2. Sudalaimuthu
3. Samuthirakani ... Petitioners / Accused Nos.1 to 3
Vs.
1. The State of Tamil Nadu,
Rep. By the Inspector of Police,
All Women police station – Town,
Tirunelveli City,
Tirunelveli District.
(Crime No.5 of 2019) ... 1st Respondent/
Complainant
2. C.Reka ... 2nd Respondent /
Defacto Complainant
Prayer: Criminal Original petition is filed under
Section 482 of Cr.P.C, to call for the records pertaining to
C.C.No.343 of 2020 on the file of the Judicial Magistrate Court
No.V, Tirunelveli and quash the same.
For Petitioners : Mr.A.Gandiappan
For R-1 : Mr.T.Senthil Kumar,
Additional Public Prosecutor.
For R-2 : Mr.C.Christopher
https://www.mhc.tn.gov.in/judis
***
2
ORDER
This criminal original petition has been filed for
quashing the proceedings in C.C.No.343 of 2020 on the file of
the Judicial Magistrate No.IV, Tirunelveli.
2. The second respondent C.Reka is the defacto
complainant herein. Marriage between the first petitioner
S.M.Babu @ Muthu and the defacto complainant took place on
12.12.2013. They had lived together at Mumbai for a while.
Difference of opinion had arisen between them and they have
been living separately since 09.06.2018. The first petitioner
has also filed H.M.O.P.No.197 of 2018 on the file of the Family
Court, Tirunelveli, seeking dissolution of his marriage with the
second respondent. In the meanwhile, the second respondent
filed a criminal case against the petitioners leading to
registration of First Information Report in Crime No.5 of 2019
on the file of the All Women Police Station, Tirunelveli Town.
The first respondent investigated the matter and filed final
report. Cognizance was taken for the offence under Sections
498(A), 406, 294(b) and 506(1) of I.P.C.,and Section 4 of
Dowry Prohibition Act, 1961 and the case was taken on file in
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C.C.No.343 of 2020 on the file of the Judicial
Magistrate No.IV, Tirunelveli. To quash the same, this
criminal original petition has been filed.
3. The learned counsel appearing for the petitioners
reiterated all the contentions set out in the memorandum of
grounds.
4. He would point out that the second respondent had
given a petition before one authority after another
successively and the authorities enquired into the complaint
and closed the same. Thereafter, the second respondent filed a
private complaint and obtained a direction under Section 156
of Cr.P.C. and only thereafter, on 29.12.2018 the criminal
case was registered by the first respondent police. The
learned counsel submitted that the second respondent had
abused the legal process and in the interest of justice, the
impugned prosecution deserves to be quashed. He submitted
that most of the list witnesses did not have any direct
knowledge of the subject matter and they are only hearsay
witnesses.
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5. Per contra, the learned Additional Public
Prosecutor appearing for the first respondent as well as the
learned counsel appearing for the defacto complainant
submitted that no case for quashing the impugned
proceedings has been made out.
6. I carefully considered the rival contentions and
went through the materials on record.
7. It is true that in H.M.O.P.No.197 of 2018 on the file
of the Family Court, Tirunelveli, the defacto complainant filed
I.A.No.4 of 2019 for return of her jewellery. The said I.A. was
dismissed. According to the petitioners' counsel, there is
nothing to show that the said order has been put to challenge
or reversed. But it is only an interim order passed by the
Family Court. In any event, it will not bind the criminal Court.
It is well settled that the civil proceedings and criminal
proceedings can go on independently and parallelly and the
decision of one Court will not bind the other one. Therefore, I
am not impressed by the submission of the petitioners' counsel
that since in view of the dismissal of I.A.No.4 of 2019 filed by
the second respondent, this Court should render a finding
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that no offence under Section 4 of Dowry Prohibition Act has
been made out.
8. I went through the statement of the defacto
complainant recorded under Section 161 of Cr.P.C. A mere
reading of the same would clearly indicate that specific
allegations have been made against the petitioners herein.
The forum for establishing the petitioners' innocence is only
before the trial Court. In exercise of jurisdiction under Section
482 of Cr.P.C., it will not be possible for this Court to go into
the contentious and contested questions. Leaving open the
petitioners' rights, contentions and defences, this criminal
original petition is dismissed. However, taking note of the
overall facts and circumstances, the personal appearance of
the petitioners is dispensed with. However, the petitioners
have to appear before the Court below on the following three
occasions:-
i) To answer the charges,
ii) at the time of examination under Section 313 of
Cr.P.C. and
iii) at the time of pronouncement of Judgment.
The petitioners also will have to appear when their presence is
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insisted upon by the trial Court and on all other occasions, the
petitioners can be represented by their counsel. If the
petitioners' counsel also fails to appear, the benefit of this
order will stand vacated automatically. Consequently,
connected miscellaneous petitions are closed.
11.11.2021
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1. The Judicial Magistrate No.V,
Tirunelveli.
2. The Inspector of Police,
All Women police station – Town,
Tirunelveli City,
Tirunelveli District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN,J.
PMU
Crl.O.P.(MD)No.6345 of 2021
11.11.2021
https://www.mhc.tn.gov.in/judis
