Madras High Court
Balakrishnan vs State Rep By on 25 July, 2023
Crl.O.P.No.16430 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.16430 of 2023
and
Crl.M.P.No.10518 of 2023
1.Balakrishnan
2.Seethalakshmi
...Petitioners
vs.
1.State rep by
The Inspector of Police,
All Women Police Station,
Erode.
(Cr.No.8 of 2011)
2.Gayathri
...Respondents
PRAYER:
Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records relating to the final report in
C.C.No.145 of 2021 on the file of the Judicial Magistrate (Additional Mahila
Court), Erode and quash the same.
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Crl.O.P.No.16430 of 2023
For Petitioners : Mr.V.Elangovan
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor, for R1
********
ORDER
This Criminal Original Petition has been filed to call for the records
relating to the final report in C.C.No.145 of 2021 on the file of the Judicial
Magistrate (Additional Mahila Court), Erode and quash the same.
2. The petitioners, who are arrayed as A5 and A6 in the final report, have
challenged the aforesaid proceedings in C.C.No.145 of 2021 pending on the file
of the learned Judicial Magistrate (Additional Mahila Court), Erode.
3. Heard the learned counsel for the petitioner and the learned Additional
Public Prosecutor for the first respondent.
4. A1 is the husband of the de facto complainant, A2 is the sister-in-law,
A3 is the mother-in-law, A4 and A5 are the brothers-in-law and A6 is the second
wife of the father-in-law. There was a matrimonial dispute between the second
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Crl.O.P.No.16430 of 2023
respondent/de facto complainant and A1. Based on the same, a complaint came
to be lodged before the first respondent and an FIR was registered in Crime
No.8 of 2011 for the offences under Section 498A, 406 of IPC read with Section
4 of the Dowry Prohibition Act. Ultimately, the investigation was completed and
the final report was filed against the 6 accused persons.
5. The case was split up and A1 and A2 underwent trial in C.C.No.1191
of 2019. The Additional Mahila Court, Erode vide judgment dated 08.11.2022,
had acquitted A1 and A2 from all the charges. For proper appreciation, the
relevant portion in the said judgement is extracted hereunder:
17/ nkw;go rhl;rpaj;ija[k; rhz;whtz';fisa[k;
Muha;e;jjpy; mrh1 jdJ Kjd;ik tprhuizapy;
jd;Dila eiffs; midj;ija[k; 1k; vjpup jd;dplk;
xg;gilf;ftpy;iy mjw;F gpwF jhd; ,e;j jhf;fy;
bra;Js;sjhft[k; FWf;F tprhuizapy; Kjy; tprhuizapy;
brhy;ypa[ss
; r';fjpfis typa[Wj;jtpy;iy vdt[k;
rhl;rpak; mspj;J
; s;shh;/ mrh2 nfs;tpepiy rhl;rpahthu;/
mrh2 jdJ rhl;rpaj;jpy; jdJ je;ij bgaupy; jhd; fhu;
th';fg;gl;lJ vd;Wk;. mJ jdJ je;ijapd; trk; cs;sJ
vd;gJ gw;wpa[k; brhy;ypa[ss
; hh;/ mrh1 kw;Wk; mrh2
rhl;rpa';fspy; ,Ue;J vjphpfs; tujl;rid nfl;L
Jd;gW
[ j;jpaJ Fwpj;J muR jug;gpy; brhy;yg;gl;lthW
rk;gtk; ele;Js;sJ gw;wp rhl;rpak; mspf;fhky; ,Ug;gJ
rk;gtk; eilbgw;wjhf brhy;tJ Fwpj;J re;njfj;ij
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Crl.O.P.No.16430 of 2023
Vw;gLj;Jtjhf cs;sJ/
18/ mrh1 jdJ rhl;rpaj;jpy; 1 kw;Wk; 2 vjpupfs;
,UtUk; tujl;rid nfl;L Jd;g[Wj;jpaJ gw;wpa[k;.
bghUl;fs; kw;Wk; eiffis th';fp itj;Jf; bfhz;lJ
gw;wpa[k;. Fwpg;gpl;L rhl;rpak; mspf;fhky; ,Ug;gJ muR
jug;g[ tHf;fpid ghjpg;gjhfnt mike;Js;sJ/ mrh2
rk;gtj;ij gw;wp Fwpg;gpl;L rhl;rpak; mspf;ftpy;iy/
19/ nkYk;. Mrh1 kw;Wk; Mrh2 muR jug;g[
tHf;fpw;F Mjuthf rhl;rpak; mspf;fhj R{H;epiyapy;
mrh3d; rhl;rpaj;jpd; mog;gilapy; kl;Lk; ,t;tHf;fpid
Kot[ bra;jpl ,ayhJ vd;W ,e;ePjpkd;wk; fUJfpwJ/
,t;tHf;fpd; rhl;rpfshd mrh1 Kjy; mrh3 Mfpnahu;fspd;
rhl;rpa';fs; kw;Wk; mrhM1 Kjy; mrhM3 tiuahd
rhd;whtz';fs; K:ykhf muR jug;gpy; vjpupfs; kPJ
Rkj;jg;gl;Ls;s Fw;wr;rhl;Lfs; rhl;rpfs; kw;Wk;
rhd;whtz';fs; K:ykhf re;njfj;jpw;F mg;ghw;gl;L
epU:gzk; bra;ag;gltpy;iy vd;W ,e;ePjpkd;wk; Kot[
bra;fpwJ/
20/ Kothf. vjpupfs; kPJ rl;lg;gpupt[fs; 498(A). 406
kw;Wk; cld; ,ize;j 4 of DP Actd; fPH; Fw;wthsp
,y;iy vd;W jPu;khdpj;J gpupt[ 248(1) F/tp/K/r/tpd; fPH;
tpLjiy bra;J jPu;g;gspf;fg;gLfpwJ/ vjpupfs;
,e;ej
P pkd;wj;jpw;F vGjpf; bfhLj;j gpiz gj;jpuk;
,t;tHf;fpd; nky;KiwaPl;L fhyj;jpw;F gpd; ,uj;jhf
cj;jutplg;gLfpwJ/”
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Crl.O.P.No.16430 of 2023
6. The petitioners, who have been arrayed as A5 and A6 (brother-in-law
and the second wife of father-in-law) have approached this Court seeking to
quash the split up proceedings against them in C.C.No.145 of 2011 on the
ground that the main accused persons have been acquitted from all charges and
there is no other additional materials available against the petitioners. Therefore,
there is no reason for the petitioners to undergo the trial before the Court below.
7. It is apparent from the findings of the Court below that none of the
allegations against the main accused persons (A1 and A2) was substantiated by
the prosecution. Hence, the Court below has acquitted them from all charges.
The petitioners, who have been arrayed as A5 and A6, need not undergo the
agony of facing the trial, since the allegations made against them is to the effect
that they had also acted along with the main accused persons in demanding for
dowry and causing harassment to the de facto complainant. Since the main
accused persons have been acquitted from all the charges, there is no need for
the petitioners to face separate trial without additional material available against
them.
8. That apart, the marriage between the de facto complainant and the A1
was dissolved by virtue of mutual divorce decree and the same has been
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Crl.O.P.No.16430 of 2023
accepted by the de facto complainant during her cross examination. Therefore,
continuation of trial against the petitioners will only lead to abuse of process of
Court and hence this Court is inclined to exercise its jurisdiction under Section
482 of the Code of Criminal Procedure.
9. In light of the above discussion, this Criminal Original Petition stands
allowed. Accordingly, the final report in C.C.No.145 of 2021 on the file of the
learned Judicial Magistrate (Additional Mahila Court), Erode, is quashed.
Consequently, the connected miscellaneous petition is also closed. No cost.
25.07.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
nsa
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Crl.O.P.No.16430 of 2023
To
1.The Inspector of Police,
All Women Police Station,
Erode.
(Cr.No.8 of 2011)
2.The Judicial Magistrate (Additional Mahila Court),
Erode
3. The Public Prosecutor,
Madras High Court,
Chennai 600 104..
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.16430 of 2023
N. ANAND VENKATESH, J.
nsa
Crl.O.P No.16430 of 2023
and Crl.M.P.No.10518 of 2023
25.07.2023
https://www.mhc.tn.gov.in/judis
Page No.8/8
