Madras High Court
Mr.Anandadeep Mandal vs Ms.Ruchi Sharma on 22 November, 2021
Crl.O.P. No.4694 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.4694 of 2017
and Crl.M.P.Nos.3548 & 3549 of 2017
1.Mr.Anandadeep Mandal
2.Mr.Pravatranjan Mandal
3.Smt.Jhumur Mandal ..Petitioners
Vs.
Ms.Ruchi Sharma ..Respondent
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, praying to call for the records of the proceedings in
D.V.A.No.4 of 2016, on the file of the Judicial Magistrate No.V of Coimbatore
and quash the same as illegal, incompetent without jurisdiction.
For Petitioners : Mr.T.Elumalai
For Respondent : Mr.P.Mahesh Kumar
ORDER
This Criminal Original Petition has been filed to call for the records of the
proceedings in D.V.A.No.4 of 2016, on the file of the Judicial Magistrate No.V
of Coimbatore and quash the same.
https://www.mhc.tn.gov.in/judis
Page No.1/5
Crl.O.P. No.4694 of 2017
2. Heard learned counsel for the petitioners and learned counsel for the
respondent.
3. The private complaint has been filed under Domestic Violence Act
directing the petitioners 1 to 3 to return back the sum of Rs.16.5 lakhs and 8
sovereigns of gold which was taken by them at the time of marriage and
10 sovereigns of gold given at the time of marriage which is in the custody of
the petitioners No. 1 to 3 herein. Besides, Rs.1 crore as compensation for
damages for the injuries, caused by the act of the Domestic Violence.
4.The learned counsel for the Petitioners submitted that this private
complaint is nothing but result of frustration in the matrimonial life.
The allegations in the complaint were pressed into service when the petitioners
parted with the money and the alleging cruelty, coercion and payment of
amount was also pressed into service without any evidence. Further, his
contention that between the defacto complainant and her husband, the divorce
proceedings were pending in H.M.O.P.No.14 of 2016 on the file of the II
Additional Special Judge, Coimbatore. After proper evidence, divorce was
https://www.mhc.tn.gov.in/judis
Page No.2/5
Crl.O.P. No.4694 of 2017
granted after full trial and the Court below has clearly recorded the fact that the
allegations raised by both the husband and wife are not established and
accordingly, the divorce was granted by mutual consent. Now, it is submitted
that the defacto complainant had died. In such view of the matter nothing
survives in this petition.
5.The learned counsel appearing for the respondent submitted that they
made an application to implead the legal heirs of the defacto complainant on
record and oppose this petition.
6.This Court has perused the entire materials available on record.
Though general allegations are made, the application has been primarily filed
before the Trial Court for return of amount of Rs.16.50 lakhs said to have been
paid to the parents of the husband. But, in the complaint, it is nowhere the
calculation has been arrived at, except few contentions in para 4 of the petition
that certain amount has been spent towards the marriage amounting to
Rs.8 lakhs. There is no whisper whatsoever made in the entire petition as to
how Rs.16.5 lakhs could be arrived by the defacto complainant.
https://www.mhc.tn.gov.in/judis
Page No.3/5
Crl.O.P. No.4694 of 2017
7. The fact remains that the matrimonial dispute has ended in
H.M.O.P.No.14 of 2016 itself. The Trial Court has clearly indicated in para 8
of its judgment that the allegation levelled against each other as to the cruelty
was not proved. Particularly, the allegation raised against the husband is not
established as no evidence has been adduced before the Trial Court and
concluded as though there was no domestic violence as against the wife by her
husband. Therefore, the continuance of the private complaint is abuse of
process of law. Accordingly, this Criminal Original Petition is allowed and as
a sequel, the proceedings in D.V.A.No.4 of 2016 is quashed. Consequently,
connected miscellaneous petitions are closed.
22.11.2021
Index: Yes/No
Internet: Yes/No
msv
https://www.mhc.tn.gov.in/judis
Page No.4/5
Crl.O.P. No.4694 of 2017
N. SATHISH KUMAR, J.
msv
Crl. O.P. No.4694 of 2017
and Crl.M.P.Nos.3548 & 3549 of 2017
22.11.2021
https://www.mhc.tn.gov.in/judis
Page No.5/5
