M.Santhanakrishnan vs The State Represented By
2023 Latest Caselaw 510 Mad

                                                                                Crl.OP.No.18427 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 10.01.2023

                                                           CORAM

                           THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                                 Crl.O.P.No.18427 of 2022
                                                           and
                                                 Crl.M.P.No.12151 of 2022

                  1.M.Santhanakrishnan
                  2.H.Gowthami                                                      ... Petitioners
                                                 Vs.

                  1.The State represented by
                    The Inspector of Police,
                    W-34, Ennore All Women Police Station,
                    Ennore,
                    Chennai – 600 057.

                  2.R.Sridevi                                                       ... Respondents
                  PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
                  call for records relating to the C.C.No.464 of 2021 on the file of the learned
                  Judicial Magistrate Thiruvottiyur and quash the same by allowing this Criminal
                  Original Petition.
                                   For Petitioners      : Mr.Muruganandan
                                   For R-1             : Mr.S.Santhosh
                                                         Government Advocate (Criminal Side)
                                   For R-2             : Mr.G.Anbuchezheiyan

                  1/6




https://www.mhc.tn.gov.in/judis
                                                                                 Crl.OP.No.18427 of 2022

                                                       ORDER

This Criminal Original Petition is filed for quashing the C.C.No.464 of

2021 on the file of the learned Judicial Magistrate Thiruvottiyur.

2. The learned counsel for the petitioners submitted that in the complaint,

First Information Report and even in the Statement of the defacto-complainant,

no specific allegation of overtact had been attributed against the petitioners with

regard to the alleged cruelty committed by them against the defacto complainant.

3. He further submitted that it is clear from the complaint that the defacto

complainant inserted two lines to allege that the petitioners have caused cruelty

against the her. However, nothing is said about the petitioners in the body of the

complaint. Thus, learned counsel for the petitioners prayed for quashing of the

proceedings in C.C.No.464 of 2021.

4. On the other hand, learned Government Advocate (Criminal Side)

opposed this petition, on the ground that allegations made against the petitioners

https://www.mhc.tn.gov.in/judis Crl.OP.No.18427 of 2022

are with regard to dowry harassment and cruelty. Therefore, he prays for

dismissing this petition.

5. The learned counsel for the 2nd respondent is also present and opposed

this petition.

6. Considered the rival submissions and perused the materials placed on

record filed in support of this petition.

7. On going through the complaint given by the defacto complainant, it is

seen that most of the allegations are only against her husband and mother-in-law.

However, there are specific allegations made against her father-in-law in the

161(3) CrPC Statement of defacto complainant stating that her husband, father-

in-law and mother-in-law had scolded her and caused mental cruelty against her.

It is also stated in the complaint and also in her 161(3) CrPC Statement that her

father-in-law and sister-in-law demanded jewelleries and harassed her. She seeks

action not only against her husband and mother-in-law, but also against her

https://www.mhc.tn.gov.in/judis Crl.OP.No.18427 of 2022

father-in-law and sister-in-law. The allegations made in the complaint and

statement of defacto complainant are enough to frame charges against the

petitioners for the offence Section 498A of IPC.

8. This Court, at this stage cannot go into the truth or falsity of the

allegations made in the complaint and statement. We have to take the allegations

in the First Information Report and the statement as true. When taking the

allegations made against the petitioners as true, this Court is of the view that

there are materials available to frame charges against the petitioners under

Section 498(A) of IPC. In such view of the matter, Criminal Original Petition is

dismissed. Consequently, the connected Miscellaneous Petition is closed.

9. However, the Trial Court is directed not to take into consideration any

of the observation made in this Court, while disposing the case and take decision

independently on the basis of evidence available. Considering the age of the 1st

petitioner and claim of the 2nd petitioner that she is living far away from the

Jurisdiction of the Court, this Court directs that the personal appearance of the

https://www.mhc.tn.gov.in/judis Crl.OP.No.18427 of 2022

petitioners may be dispensed with, except for the framing of charges,

questioning under Section 313 CrPC, date of delivery of Judgment and as and

when required by the learned Trial Judge. On other occasions, petitioners should

make arrangements for representing them through their learned counsel, without

fail.

10.01.2023

Internet : Yes / No Index : Yes / No Speaking/Non speaking order

gd

https://www.mhc.tn.gov.in/judis Crl.OP.No.18427 of 2022

G.CHANDRASEKHARAN,J.

gd

To

1.The Judicial Magistrate Thiruvottiyur

2.The Inspector of Police, W-34, Ennore All Women Police Station, Ennore, Chennai – 600 057.

3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.18427 of 2022

10.01.2023

https://www.mhc.tn.gov.in/judis