Madras High Court
Sindhanai Arasu vs The State Represented By on 25 March, 2022
Crl.O.P.(MD)No.4669 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.4669 of 2022
and
Crl.M.P(MD) No.3294 of 2022
1.Sindhanai Arasu
2.Jeyam
3.M.Seeman Jegadeesh ...Petitioners
Vs.
1. The State represented by
The Inspector of Police,
All Women Police Station,
Thallakulam,
Madurai District.
(Crime No.2053 of 2021)
2. The State rep. by
The Inspector of Police,
Anna Nagar Police Station,
Madurai City.
(Crime No. 2053 of 2021)
3. Chella Meenakshi ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records relating to the FIR in Crime No. 2053 of 2021 which is
registered on the file of 2nd respondent and being investigated by 1st respondent
and quash the same as illegal.
https://www.mhc.tn.gov.in/judis For Petitioner : Mr.R.Anand
Crl.O.P.(MD)No.4669 of 2022
For R1 : Mr.B.Thanga Aravindh
Government Advocate (Crl.Side)
For R2 : Mr.Niranjan S. Kumar
ORDER
This Criminal Original Petition has been filed to quash the first
information report in Crime No. 2053 of 2021 on the file of the second
Respondent.
2. The prosecution case is that the marriage between the defacto
complainant and the first petitioner was solemnized on 31.08.2020, that her
father has given 250 sovereigns of jewels, Fortuner Car, one house property and
landed property as sridhana at the time of marriage, that two months after the
marriage, the second petitioner and her mother-in-law and the third petitioner
brother of the second petitioner had started harassing her and demanded more
dowry, that both of them had directed the complainant to get two house
properties owned by the complainant's father, that in December 2020, the
complainant became pregnant and after seeing the scan report, they have found
that the child was not having heart beatings, that when the same was informed
to her husband family, they had taken her to Padiyarajan clinic and directed her
to abort the child, that after abortion, they have taken the complainant to the her
mother's house and left her there, that they have threatened the complainant not
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Crl.O.P.(MD)No.4669 of 2022
to come to their house, that on believing the words of the petitioners 2 and 3,
the first petitioner had been harassing her continuously, that all the petitioners
have been demanding the complainant to consent for divorce and that due to
harassment and mental agony suffered the complainant had taken rat poison and
she was admitted in the hospital. In that regard a case in Crime No.2053 of
2021 was registered against the petitioners under Sections 309 and 109 IPC.
3.The learned Counsel appearing for the petitioners would submit that the
petitioners are innocent and they have not committed any offence as alleged by
the prosecution. Without any base, the second respondent police registered a
case in Crime No.2053 of 2021 for the offences under Sections 309, 109 IPC,
as against the petitioners.
4.The learned Government Advocate (Crl.Side) would submit that the
investigation is almost completed and the respondent police are about to file the
final report before the concerned court.
5.Heard both sides and perused the materials available on record.
6.It is seen from the first information report that there are specific
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Crl.O.P.(MD)No.4669 of 2022
allegations as against the petitioners, which have to be investigated. Further the
FIR is not an encyclopedia and it need not contain all facts. Further, it cannot be
quashed in the threshold. This Court finds that the FIR discloses prima facie
commission of cognizable offence and as such this Court cannot interfere with
the investigation. The investigating machinery has to step in to investigate, grab
and unearth the crime in accordance with the procedures prescribed in the Code.
7.It is also relevant to rely upon the judgment of the Hon'ble Supreme
Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 - Sau. Kamal
Shivaji Pokarnekar vs. the State of Maharashtra & ors., as follows:-
"4. The only point that arises for our
consideration in this case is whether the High
Court was right in setting aside the order by which
process was issued. It is settled law that the
Magistrate, at the stage of taking cognizance and
summoning, is required to apply his judicial mind
only with a view to taking cognizance of the
offence, or in other words, to find out whether a
prima facie case has been made out for summoning
the accused persons. The learned Magistrate is not
required to evaluate the merits of the material or
evidence in support of the complaint, because the
Magistrate must not undertake the exercise to find
out whether the materials would lead to a
conviction or not.
5. Quashing the criminal proceedings is
called for only in a case where the complaint does
not disclose any offence, or is frivolous, vexatious,
or oppressive. If the allegations set out in the
complaint do not constitute the offence of which
https://www.mhc.tn.gov.in/judis cognizance has been taken by the Magistrate, it is
Crl.O.P.(MD)No.4669 of 2022
open to the High Court to quash the same. It is not
necessary that a meticulous analysis of the case
should be done before the Trial to find out whether
the case would end in conviction or acquittal. If it
appears on a reading of the complaint and
consideration of the allegations therein, in the light
of the statement made on oath that the ingredients
of the offence are disclosed, there would be no
justification for the High Court to interfere.
6.........
7.........
8........
9. Having heard the learned Senior Counsel
and examined the material on record, we are of the
considered view that the High Court ought not to
have set aside the order passed by the Trial Court
issuing summons to the Respondents. A perusal of
the complaint discloses that prima facie, offences
that are alleged against the Respondents. The
correctness or otherwise of the said allegations has
to be decided only in the Trial. At the initial stage
of issuance of process it is not open to the Courts to
stifle the proceedings by entering into the merits of
the contentions made on behalf of the accused.
Criminal complaints cannot be quashed only on the
ground that the allegations made therein appear to
be of a civil nature. If the ingredients of the offence
alleged against the accused are prima facie made
out in the complaint, the criminal proceeding shall
not be interdicted."
8.That apart, the petitioners already filed a petition before this Court in
Crl.OP(MD)No.20337 of 2021, to quash the proceedings in Crime No.2053 of
2021, on the file of the second respondent and the same was dismissed by this
Court on 20.12.2021. Though, the petitioners mentioned the same in this
petition also, seeking quash for the second time, is not maintainable second
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Crl.O.P.(MD)No.4669 of 2022
time, since the same was already decided on merits.
9.In view of the above discussion, this Court is not inclined to quash the
first information report. Hence this Criminal Original Petition stands dismissed.
However, the second respondent police is directed to complete the investigation
and file a final report before the concerned Magistrate, within a period of twelve
weeks from the date of receipt of a copy of this Order. Consequently, connected
miscellaneous petition is closed.
25.03.2022
Index : Yes / No
Internet : Yes/ No
PNM
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 Inspector of Police,
All Women Police Station,
Thallakulam,
Madurai District.
2. The Inspector of Police,
Anna Nagar Police Station,
Madurai City.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.4669 of 2022
G.K.ILANTHIRAIYAN,J.
PNM
ORDER IN
Crl.O.P.(MD)No.4669 of 2022
and
Crl.M.P(MD) No.3294 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
