Madras High Court
Lakshmanan vs The State Rep. By on 3 November, 2022
Crl.O.P.(MD)No.18162 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.(MD)No.18162 of 2018
and
CRL.M.P.(MD)No.8076 & 8077 of 2018
Lakshmanan ...Petitioner /Sole Accused
Vs.
1.The State rep. by
The Inspector of Police,
All Women Police Station,
Golden Rock,
Thiruchirappalli District.
(In Crime No.10 of 2018) ... 1st Respondent/Complainant
2.Kanimozhi ... 2nd Respondent/Defacto
Complainant
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,
to call for the records pertaining to the case in C.C.No.117 of 2018 on the
1/8
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
file of the Judicial Magistrate, Additional Mahila Court, Thiruchirappalli
and quash the same.
For Petitioner : Mr.C.Muthusaravanan
For Respondents : Mr.M.Sakthi Kumar - for R1
Government Advocate (Crl. side)
: Mr.G.Karnan - for R2
ORDER
This petition was filed by the husband seeking to quash the
proceedings pending before the Judicial Magistrate, Additional Mahila
Court, Thiruchirappalli in C.C.No.117 of 2018.
2. When the matter was taken up for hearing on 11.10.2018,
this Court passed the following order :-
"Mr.M.Chandra Sekaran, learned Additional
Public Prosecutor takes notice for the first
respondent.
2.Issue notice to the second respondent
returnable in eight weeks. Private notice is also
permitted.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
3.It is seen from the records that the petitioner
had married one Mythili and there was an exparte
decree of divorce passed on 29.07.2011. Thereafter,
the said Mythili filed an application to set aside the
exparte decree and the same was set aside on
16.12.2013. In the meantime, on 12.03.2014, the
petitioner got married to the second respondent.
Ultimately, the final order was passed in the divorce
petition on 30.09.2014, dissolving the marriage
between the petitioner and the said Mythili. The
present complaint came to be filed by the second
respondent in the year 2017 against the petitioner on
the ground that the petitioner had concealed about
the earlier marriage and therefore he has committed
the offence under Section 495 I.P.C. The final report
has also been filed by the respondent police.
4.The learned counsel appearing for the
petitioner has brought to the notice of this Court, the
statement recorded by the respondent police. In the
statement recorded by the respondent police, it is
clearly stated that the second respondent was aware
about the earlier marriage of the petitioner.
However, her grievance was that the second
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
marriage took place even before annulment of
earlier marriage. In a case where the defacto
complainant is aware about the earlier marriage and
the annulment of the said marriage takes place after
the second marriage, whether the same will
constitute an offence under Section 495 I.P.C, has
to be considered in this case. Prima Facie case has
been made out. Hence, there shall be an order of
interim stay of all further proceedings in C.C.No.
117 of 2018 on the file of the Judicial Magistrate,
Additional Mahila Court, Trichirappalli, pending
disposal of the Criminal Original Petition.
5.The presence of the petitioner before the
Trial Court in C.C.No.117 of 2018 is also dispensed
with, pending disposal of the Criminal Original
Petition.
6.Post the matter after eight weeks. "
3. Heard Mr.C.Muthusaravanan, learned counsel appearing
for the petitioner, Mr.M.Sakthi Kumar, learned Government Advocate
(Crl. side) appearing for the first respondent and Mr.G.Karnan, learned
counsel appearing for the second respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
4. It was brought to the notice of this Court that the marriage
between the petitioner and the second respondent ultimately came to be
dissolved by the Family Court, Thiruchirappalli, through a judgment,
dated 25.07.2019 passed in H.M.O.P.No.29 of 2019. The judgment was
also placed before this Court and it is seen that the marriage between the
petitioner and the second respondent held on 12.03.2014 was dissolved.
5. In view of the above development, no useful purpose will
be served in proceeding further with the criminal proceedings and by
virtue of the decree of divorce granted by the competent Court and the
said judgment having become final, the issue itself has become stale and
hence, there is no requirement to go into the merits of this case and
decide the petition. In fact, the continuation of the criminal proceedings
as against the petitioner will only tantamount to abuse of process of law,
which requires the interference of this Court by exercising its jurisdiction
under Section 482 Cr.P.C.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
6. In the result, the proceedings in C.C.No.117 of 2018
pending on the file of the Judicial Magistrate, Additional Mahila Court,
Thiruchirappalli, is hereby quashed and the Criminal Original Petition
stands allowed. Consequently, connected miscellaneous petitions are
closed.
03.11.2022
Index: Yes/No
Internet: Yes/No
rm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
To
1.The Judicial Magistrate,
Additional Mahila Court,
Thiruchirappalli.
2.The Inspector of Police,
All Women Police Station,
Golden Rock,
Thiruchirappalli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.18162 of 2018
N.ANAND VENKATESH, J.
rm
CRL.O.P.(MD)No.18162 of 2018
03.11.2022
https://www.mhc.tn.gov.in/judis
