Madras High Court
Mohanapriya vs Shanmugam Selvarajan on 5 September, 2022
Crl.O.P.No. 15986 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.15986 of 2022
and Crl.M.P.Nos.9002 & 9003 of 2022
Mohanapriya ... Petitioner
Vs
1.Shanmugam Selvarajan
2.The Inspector of Police,
All Women Police Station,
Dharmapuri, Dharmapuri District. ... Respondents
PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C,
praying to call for the records in C.C.No.216 of 2017 on the file of the
Additional Mahila Court, Dharmapuri and quash the same.
For Petitioner : Mrs.A.Subadra
For Respondents : Mr.A.Sakthivel for R1
Mr.E.Raj Thilak
Additional Public Prosecutor for R2
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 15986 of 2022
ORDER
This petition has been filed to quash the proceedings in C.C.No.216 of
2017 on the file of the Additional Mahila Court, Dharmapuri, thereby taken
cognizance for the offences under Sections406 and 420 of IPC in Crime
No.3 of 2017, as against this petitioner.
2.The case of the prosecution is that the marriage between the
petitioner and the first respondent was solemnized on 10.11.2008 as per
Hindu Rites and Customs. The first respondent had given 9 ¾ sovereign of
thali chain during the marriage with the petitioner. Due to trouble in family,
the petitioner had filed divorce proceedings against the first respondent on
the ground of cruelty and desertion in H.M.O.P.No.147 of 2014 before the
Family Court, Dharmapuri. In the meantime, the petitioner had given
complaint on 06.10.2013, for return of her Stridhana properties and
promised to return 9 ¾ sovereign of thali chain to the first respondent after
the divorce proceedings.
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Crl.O.P.No. 15986 of 2022
3.Heard the learned counsel appearing for the petitioner as well as the
learned counsel for the first respondent and the learned Additional Public
Prosecutor appearing for the second respondent.
4.The learned counsel for the petitioner submitted that the petitioner is
entitled to the possession of thali chain which was presented by the first
respondent during their marriage. Though the petitioner had given an
undertaking letter that immediately after getting divorce, she will hand over
the thali chain to the first respondent. She further submitted that the first
respondent lodged a complaint after a period of 1 ½ years and there is no
explanation for the belated complaint. Hence, she prays to quash the same.
5.It is seen that the marriage between the petitioner and the first
respondent was solemnized on 10.11.2008. Due to their wedlock, she gave
birth to a male child. Thereafter, due to misunderstanding, they got
separated. Based on the complaint lodged by the petitioner, the Inspector of
Police, All Women Police Station, Dharmapuri, conducted an enquiry. At the
time of enquiry, the Stridhana articles which was received by the first
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 15986 of 2022
respondent were returned to the petitioner. While acknowledging the
Stridhana articles, the petitioner has undertaken to return the thali chain
immediately after obtaining the divorce. It is seen that the divorce decree
was obtained by the petitioner on the ground of cruelty. While pending the
divorce proceedings, the first respondent lodged a complaint before the
Family Court, Dharmapuri and on the direction issued by the Family Court,
Dharmapuri, the First Information Report has been registered against the
petitioner under Sections 406 and 420 of IPC. After completion of
investigation, the second respondent has filed the final report in C.C.No.216
of 2017 on the file of the Additional Mahila Court, Dharmapuri. On perusal
of the undertaking given by the petitioner dated 06.10.2013 to the Inspector
of Police, All Women Police Station, Dharmapuri reveals that she had given
undertaking that she will return the thali chain after getting divorce decree.
Therefore, the petitioner request the Inspector of Police not to take any
further action on the complaint lodged against her. There are materials
available on the complaint registered against the petitioner under Sections
406 and 420 of IPC.
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Crl.O.P.No. 15986 of 2022
6.In view of the above discussion, this Court is not inclined to quash
the proceedings in C.C.No.216 of 2017 in Crime No.3 of 2017 on the file of
the Additional Mahila Court, Dharmapuri. The petitioner is at liberty to raise
all the grounds before the trial Court. Considering the facts and
circumstances of the case, the personal appearance of the petitioner is
dispensed with and she shall be represented by a counsel after filing
appropriate application. However, the petitioner shall be present before the
Court at the time of furnishing of copies, framing charges, questioning under
Section 313 Cr.P.C. and at the time of passing judgment. The trial Court is
directed to complete the trial within a period of three months from the date
of receipt of copy of this Order.
7.Accordingly, this criminal original petition is dismissed.
Consequently, connected miscellaneous petitions are also closed.
05.09.2022
Index:Yes/no
Speaking/non speaking order
vkr
https://www.mhc.tn.gov.in/judis
Crl.O.P.No. 15986 of 2022
G.K.ILANTHIRAIYAN. J,
vkr
To
1.The Inspector of Police,
All Women Police Station,
Dharmapuri, Dharmapuri District.
2.The Public Prosecutor,
Madras High Court,
Chennai.
Crl.O.P.No.15986 of 2022
and Crl.M.P.Nos.9002 & 9003 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
