Madras High Court
Ramasubramaniyam vs The Inspector Of Police on 17 November, 2021
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 17.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 15255 of 2017
and
Crl.M.P.Nos.9599 & 9600 of 2017
1.Ramasubramaniyam
S/o. Padmanabhan
2.Malaiyammal
W/o. Padmanabhan
3.Manimeghalai
W/o. Gajendiren
4.Seetharaman,
S/o. Avudaiappa Thevar ... Petitioners
Versus
1.The Inspector of Police,
W-6, All Women Police Station,
Aynavaram Circle, Kilpauk,
Chennai - 600 010
2.Mrs.Kasthuri
W/o. Ramasubramaniyam ... Respondents
1/7
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
PRAYER : This Criminal Original Petition was filed under Section 482 of
Cr.P.C., to call for the records relating to C.C.No.46 of 2017 pending on
the file of the Metropolitan Magistrate, Additional Mahila Court, Egmore,
Chennai and quash the same.
For Petitioners : Mr.A.Selvendran
For Respondents : Mr.S.Vinoth Kumar
Govt. Advocate (Crl. Side)
for R1
: No appearance for R2
ORDER
(This case has been heard through video conference)
This Criminal Original Petition has been filed to quash the final
report in C.C.No.46 of 2017 on the file of the Metropolitan Magistrate
Additional Mahila Court, Egmore, Chennai .
2. The first petitioner is the husband of the second respondent. The
second petitioner is the mother of first petitioner. The third petitioner is
sister of the first petitioner. The fourth petitioner is his paternal uncle. In
fact, all the family members have been charge sheeted for the offence under
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
Section 498 A IPC offences. The case of the defacto complainant before the
police is as follows:-
She married her husband on 18.05.1997. Her husband was working
at Chennai in a private company. The petitioner and the defacto
complainant are residing in a joint family. In the year 1998, a girl child viz.,
Padmavathi born to them. Thereafter, the defacto complainant has joined
her husband in Chennai and residing at Ayanavaram. Her husband took her
to Chennai on the condition that she should also go for work and she joined
as a school teacher and gave her entire salary earned for 14 years to her
husband. She only brought up her child. When the girl child was about to
be admitted in some of the schools, A1 did not agree for the same and
insisted that, in such a case, she should bring money for her family. When
the same was questioned, she was driven out from the matrimonial home.
Other accused have also supported A1. Therefore, the complaint has been
lodged and First Information Report has been registered for the offence
under Section 498(a), 406, 506(i) I.P.C. and in the same crime, statement
was also recorded under Section 161 Cr.P.C.
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
3. It is the contention of the learned counsel appearing for
petitioners that the similar accusation has been made in a separate
complaint filed under Sec.18, 19 and 20 of Domestic Violence Act before
the Judicial Magistrate, Ambattur in M.C.No.14 of 2013. But, the
allegations raised by the wife has not been established on evidence.
However, the learned Magistrate has ordered only maintenance. Therefore,
his contention is that the entire prosecution is the result of matrimonial
issue and there is no material to proceed against accused. Hence, continuing
the prosecution is nothing, but clear abuse of process of law.
4. The learned Government Advocate (Criminal Side) appearing for
1st respondent has not disputed the factual aspects and submitted that the
similar allegation was also made in the Domestic Violence complaint,
which has not been proved before the Court of law. This court also pursued
the order passed by the Judicial Magistrate in M.C.No.14 of 2013, wherein
several reliefs have been sought for protection under Section 18, 19 and 20
of the Domestic Violence Act. The learned Magistrate after considering the
evidence adduced by the defacto complainant rejected the protection under
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
Section 18 and 19, however only granted maintenance for the 2nd
respondent/defacto complainant. The said judgment makes it clear that
similar allegation made in the F.I.R. and the statement before the police
were pressed into service in Domestic Violence complaint, the same has not
been established on evidence by the defacto complainant. In such view of
the matter, this Court is of the view that the continuance of the prosecution
in a similar set of facts is nothing, but a futile exercise and clear abuse of
process of law. Even assuming that the materials unearthed including in the
F.I.R. and the statement of the defacto complainant, when perused. Except
general allegations, no specific allegation as to the cruelty and demand of
dowry has been made. From the above statements and complaint, it can be
easily seen that the dispute mainly arose in respect of the changing the
school of a girl child. Except that, there are no issues between the parties,
which lead to filing of complaint. In such view of the matter, implicating
entire family members under Section 498A and 406 I.P.C. and other penal
offences is nothing, but a clear abuse of process of law. Therefore, the
entire proceedings in C.C.No. 46 of 2017 on the file of Metropolitan
Magistrate, Additional Mahila Court, Egmore, Chennai is quashed.
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
Accordingly, this Criminal Original Petition is allowed. Consequently,
connected Criminal Miscellaneous Petition is closed.
17.11.2021
Index : Yes / No
Internet: Yes
Speaking/non speaking order
rpp/psa
To
1. The Inspector of Police,
W-6, All Women Police Station,
Aynavaram Circle, Kilpauk,
Chennai - 600 010.
2. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 15255 of 2017 and
Crl.M.P.No.9599 of 2017
N. SATHISH KUMAR, J.
rpp/psa
Crl. O.P. No. 15255 of 2017
and
Crl.M.P.No.9599 of 2017
17.11.2021
https://www.mhc.tn.gov.in/judis
