Madras High Court
K.Reghu Kumaran Thambi vs N.R.Rekha on 7 April, 2022
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07/04/2022
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.O.P.(MD)Nos.12574 and 16046 of 2019
and
Crl.MP(MD)Nos.7833, 7834, 9538 and 9539 of 2019
K.Reghu Kumaran Thambi : Petitioner/A4 in
Crl.OP(MD)No.12574 of 2019
Geetha :Petitioner/A5 in
Crl.OP(MD)No.16046 of 2019
Vs.
N.R.Rekha : Respondent/De-facto
Complainant
(in both cases)
Prayer: Criminal Original Petitions have filed under
Section 482 Cr.P.C., to call for the records relating to CC
No.117 of 2018 on the file of the Judicial Magistrate,
Eranial,Kanyakumari District and quash the same against the
petitioners.
For Petitioner/A4
(Crl.OP(MD)No.12574 of 2019) : Mr.M.Gnanagurunathan
For Petitioner/A5
(Crl.OP(MD)No.16046 of 2019) : Mr.K.Veilmuthu
For Respondent : Mr.A.Manikandan
(both cases) (Legal Aid Counsel)
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
COMMON ORDER
These petition are filed seeking quashment of the case
in CC No.117 of 2018 on the file of the Judicial
Magistrate, Eranial, Kanyakumari District, respectively.
2.The case of the respondent before the trial court in
brief:- She was married to the first accused; the marriage
was performed, on 02/02/2003 as per the community customs.
After the marriage, she started the life in the matrimonial
home along with the mother of first accused. The second
accused is the sister of her husband and she along with her
child is staying with them during the week ends, since the
husband of the second accused was working in a remote
place. After the marriage, within a week they started
harassing the wife and she was treated as a slave in the
matrimonial home. The first accused was also a drunkard. On
one occasion, she attempted to commit suicide, because of
the torture made by the Accused No.2 and 3. The mother-in-
law also started ill treating the wife along with the
second accused. Their intention is to get divorce and
perform second marriage to the 1st accused with some other
girl. Unable to bear the situation that was created by the
accused, the complainant along with A1 and daughter shifted
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
their residence to her parental home. Later, the husband
namely the A1 started developing relationship with one
Reghu Kumaran Thampi namely A4. This person is given money
to A1 to take liquor and A4 was also forced A1 to sell the
properties. A1 also assaulted her several times, sustained
bleeding injuries. So she lodged a complaint before the
Karungal Police station. When the police advised A1, the
complainant asked the police not to prosecute the matter
further. Later she shifted the residence to
Thiruvananthapuram. In order to settle the 3rd accused,
they demanded money. In the meantime, A1 was admitted to
de-addiction Centre at Changumugham, Kerala State and by
that time, she conceived; the second daughter was born, on
17/03/2015 at Nagercoil. Since she gave birth to a female
child, again they started torturing her. At the time of
marriage, A1 represented that he is a practising Advocate.
But later turned out to be false. On 13/12/2015, she went
to the matrimonial home, after delivering the child. At
that time, she was scolded in filthy language. So because
of the continuous assault, she suffered physical
discomfort. Later, the first accused started threatening
the respondent herein to withdraw the complaint. In the
meantime, the first accused also filed a petition seeking
divorce, with these allegations. The 5th accused is a
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
marriage broker and also a pawnbroker. She is the relatives
of A1. She arranged the marriage for A1. She is in the
habit of causing injury to others. With these allegations,
she filed a private complaint stating that all the accused
persons have committed the offences under sections 498(A),
406, 323 and 354 IPC, which was also taken cognizance in CC
No.117 of 2018 by the Judicial Magistrate, Eranial,
Kanyakumari District.
3.Seeking quashment of the same, the 4th and 5th accused
are before this court.
4.Heard both sides.
5.It is a matrimonial dispute between the complainant
and the fist accused namely N.Narayanan Nair. The said
N.Narayanan Nair filed O.S No.146 of 2016 before the Family
Court, Thiruvananthapuram seeking divorce, wherein the
first accused stated that the complainant left the
matrimonial home, on 03/09/2013 without his consent and
knowledge and started living with her parental home and she
refused to come back. Thereafter, she did not return back
to the matrimonial home. The second respondent/complainant
remained ex-parte. So on the basis of the evidence of the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
first accused, it was allowed. As mentioned earlier, the
date of judgment is 22/09/2017. After a long gap, it
appears that the complainant has filed a complaint, on
26/02/2018 implicating five persons as accused persons
stating many things, as mentioned in the preamble portion.
6.Allegation and counter allegation in respect of the
matrimonial dispute between the husband and wife. As
mentioned above, it is the case of the first accused that
only the complainant misbehaved and left the matrimonial
home. But in the complaint, she has stated that the first
accused was addicted to liquor and because of that only,
problem arose between them. She has also denied the
conjugal rights. So we need not go into the controversy
much on the complainant and the first accused. In respect
of the allegation made against the 5th accused, who is the
petitioner herein, she is a marriage broker. She is related
to A1. She arranged the marriage for brokerage fee. Except
this bald allegation, no other allegation has been made
against this petitioner/A5.
7.Regarding the matrimonial issue between the husband
wife, the complainant has also mentioned, one or two
incidents in the complaint. She has also stated that she
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
was assaulted and her cloths were also torn. About that
incident, she lodged a complaint with the Karungal Police
station. She was also admitted in the hospital. But
absolutely, no evidence has been produced by the respondent
along with the complaint. In the sworn statement, she has
stated that some-time six months prior to her complaint,
this petitioner/A5 along with her husband/A1 came to her
house and demanded that, she must give mutual divorce to
her husband/first accused. She also assaulted her father,
when he intervened. She was assaulted and dress was torn.
8.As mentioned earlier, already the divorce petition,
which was filed by the first accused came to be allowed by
the Family Court, Thiruvananthapuram, on 22/09/2017. The
wife remained ex-parte before the Family Court,
Thiruvanathapuram. When that being the position, the
occurrence said to have been taken place, six months prior
to the complaint can be termed nothing, but mala fide one
and inherently improbable also.
9.As mentioned in the above said order, no document
showing the treatment and admission in the hospital has
been produced along with the complaint. Simply because,
the petitioner/A5 is a marriage broker arranged the
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Crl.O.P.(MD)Nos.116046 and 12574 of 2019
marriage between the husband and wife, roping her into the
matrimonial issue is not proper.
10.So far as the 4th accused namely K.Reghu Kumaran
Thambi is concerned, it is the specific allegation by the
respondent in the complaint that he used to give money to
the first respondent to take liquor and this has been
purposely done by the petitioner to grab the property. He
is making advise to A1 to divorce the complainant. By his
behaviour, he has caused mental agony to her. This can be
termed as nothing, but bald allegation. How this
petitioner/A4 related to the parties and how, he is related
to the matrimonial issue between the husband and wife,
absolutely, there is no allegation or particulars. Simply
because, the first accused and this petitioner/A4 are
friends, roping him into the matrimonial issue is not at
all proper and this allegation is also not supported by any
evidence, which has been produced by the respondent. No
evidence has been produced along with the complaint to show
even prima facie connecting this petitioner/A4 into the
matrimonial issue. I find that the complaint absolutely
nothing, but abuse of process of court, not only regarding
the 5th accused, but also to the 4th accused, who are not
related to the matrimonial issue. So on the basis of the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
bald allegations, it will be illegal. On that sole ground,
both the petitions are liable to be allowed.
11.In the result, both the criminal original petitions
are allowed. The impugned CC No.117 of 2018 on the file of
the Judicial Magistrate, Eranial, Kanyakumari District is
hereby quashed against the petitioners. Consequently,
connected Miscellaneous Petitions are closed.
07/04/2022
Internet:Yes/No
Index:Yes/No
er
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,
The Judicial Magistrate,
Eraniel,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
G.ILANGOVAN,J.,
er
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)Nos.116046 and 12574 of 2019
Crl.O.P.(MD)Nos.16046 and 12574 of 2019
07/04/2022
https://www.mhc.tn.gov.in/judis
