Madras High Court
Hariprasath vs The Assistant Commissioner on 31 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.A.No.1060 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 04.10.2024
PRONOUNCED ON : 31.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
CRL.A.No.1060 of 2024
Hariprasath, ... Appellant / Accused - 1
Vs.
1.The Assistant Commissioner,
Office of the Assistant Commissioner,
Chennai District.
2.State by Inspector of Police,
All Women Police Station,
Virugambakkam, Koyambedu,
Chennai District.
(Crime No.22 of 2024).
3.Senthamizharasi ... Respondents / Complainant
PRAYER: Criminal Appeal filed under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, to set aside the order passed in Crl.M.P.No.21553 of
2024 on 09.08.2024 by the Special Judge at Chennai, Under SC &
ST (Prevention of Atrocities) Act, Principal Sessions Court, Chennai
and to enlarge the appellant on bail.
For Appellant : Mr.S.Arivazhagan
For R1 & R2 : Mr.R.Vinothraja
Government Advocate (Crl. Side)
For R3 : Mr.E.V.Chandru
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Crl.A.No.1060 of 2024
JUDGMENT
The Appellant / A1 filed the present Appeal praying to set
aside the order dated 09.08.2024, passed in Crl.M.P.No.21553 of
2024 by the learned Special Judge at Chennai, Under SC & ST
(Prevention of Atrocities) Act, Principal Sessions Court, Chennai
and to enlarge the appellant on bail.
2. Mr.S.Arivazhagan, the learned counsel appearing for the
Appellant would submit that the appellant was arrested by the 2 nd
Respondent Police on 26.07.2024, for offence under Sections
498(A) and 406 of IPC., and Sections 3(1)(s) and 3(1)(z) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989, in Crime No.22 of 2024. To enlarge on bail, the
appellant filed bail petition in Crl.M.P.No.21553 of 2024 before the
learned Special Judge/Principal Sessions Judge, Court of the
Special Judge at Chennai under SC & ST (Prevention of Atrocities)
Act and the same was dismissed vide impugned order, dated
09.08.2024. Against which, the present Appeal.
3. Earlier, when the matter is taken up for hearing, this Court
on 27.08.2024 had passed the following order:
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"The learned counsel for the victim girl
filed typed set which shows the plight of victim
girl and submitted that the victim girl hails from
a marginalized community. The victim girl is an
Engineering graduate completed Electronic
Communication Engineering in Annamalai
University. The victim girl came in contact with
the appellant through Facebook, thereafter, on
his promise that he would search a good job in
Chennai, she came from her native to Chennai.
In Chennai, the appellant befriended with the
victim girl and also had physical contact. In the
guise of marriage, invitation printed and the
marriage also registered. It was not a proper
marriage and only a cover up for exploitation.
The jewels of 15 sovereigns, cash of
Rs.4,00,000/- and certificates of the victim girl
retained by the appellant. Earlier, the victim girl
lodged a complaint, but no action taken, hence
she lodged a complaint to the National
Commission for Scheduled Castes and
Scheduled Tribes and Tamil Nadu Women
Commission. After the communication from the
National Commission for Scheduled Castes and
Scheduled Tribes to the Commissioner of Police,
some movement was there, but that too, was not
immediate. The victim girl had to approach the
Commissioner of Police on several occasions on
short intervals. Finally, FIR in Crime No.22 of
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2024 registered as though it was a matrimonial
dispute for offence under Sections 498(A) and
406 IPC and Sections 3(1)(s) and 3(1)(z) of the
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 r/w Section
67 of the Information Technology Act, 2000.
2.The learned counsel further submitted
that the victim girl produced the Muthoot
Finance bills to show pledging of jewels
immediately after three days of registration of
the marriage and on short intervals. Whenever
the victim girl approached the appellant's
parents and family members for return of jewels
and certificates, she was chased out, threatened
and harassed. He further submitted that, as per
Rule 7 of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, it is
the endeavour of the State Government to
appoint a person in the cadre of Deputy
Superintendent of Police after taking into
account of his past experience, sense of ability
and justice to perceive the implications of the
case, in the present case, the same was not
followed. After registration of FIR, charge sheet
to be filed within a period of sixty days and after
filing of charge sheet, the Special Court to
complete the trial within a period of two months,
as per Section 14(2) of the Act.
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3. The learned Additional Public
Prosecutor appearing for the respondents 1 and
2 seeks small accommodation to report with
regard to the status of the case, action taken
against the other named persons in the FIR,
steps taken to recover the jewels and
certificates of the victim girl.
4. The learned counsel for the appellant
submitted that it is a proper marriage which was
conducted between the appellant and victim girl
on the concurrence of both family members.
Now the victim girl projected as though it is an
harassment and discrimination under the Act. As
regards the certificates, the learned counsel
submits that if it is available with the appellant,
he would produce the same on the next hearing
date. The pledging of jewels was by the
appellant and the victim girl jointly for the
family use. As regards the posting in the social
media viz., Telegram and Facebook and with
regard to allegation of his relationship with
other girls are all false.
5.Post the matter on 03.09.2024 for
further arguments.”
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3. In continuation and conjunction to the
above order, dated 27.08.2024, this Court on
03.09.2024, passed the following order:-
4. Today, Mr.K.Karunakaran, Assistant
Commissioner of Police, Virugambakkam,
Chennai and the victim girl/3rd respondent
appeared before this Court.
5.The victim girl/3rd respondent
submitted that the appellant's mother and sister
approached her and assured that she would be
treated properly and felt sorry for her present
status. They also informed that they met the
appellant in prison who is repenting for his
action and willing to take the victim girl back.
Now, the victim girl submits that she is also
willing to join the appellant.
6.In view of the above, this Court finds
that issue of lost of certificates, pledging of
jewels and other disputes between the victim
girl and appellant and his family members can
be sorted out if the appellant is granted bail.
7.Accordingly, this Court grants interim
bail to the appellant on condition that the
petitioner to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) to the
Superintendent of Prison, Puzhal, Chennai.
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8.After release, the appellant to appear
before the 1st respondent Police/Investigating
Officer on alternate days who shall take steps to
recover the certificates of the victim girl and
ensure all her belongings are returned to her
and also confirm the victim girl and appellant
are leading comfortable and happy matrimonial
life.
9.Till such time no coercive action against
the family members of the appellant to be taken,
but they can be enquired during investigation.
10.Post the matter on 04.10.2024 at 02.30
p.m in chamber. The appellant and the victim
girl/3rd respondent is directed to appear before
this Court on 04.10.2024.”
4. Today, the Appellant along with his mother Amudha and
sister Prithapriya present. The 3rd respondent is also present. The
entire case stems out as matrimonial discard. The primary
contention is that the defacto complainant hailing from a
marginalized community had love affair with the appellant, latter
they got married and during their matrimonial life her jewels and
articles were pledged by the appellant. When she demanded the
return of articles, there was matrimonial discord, latter she was
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chased out from the matrimonial home and at that time, her
community was cited as a reason. Though she lodged a complaint
earlier, it was not entertained citing that it was only a matrimonial
dispute. Thereafter, the defacto complainant sent a representation
to the National Commissioner for Schedule Caste and the National
Commission on 14.05.2024 and it was forwarded to the defacto
complainant's complaint to the Commissioner of Police, Chennai,
thereafter, the case in Crime No.77 of 2024 was registered by the
respondent Police, for the offence under Sections 498(A) and 406 of
IPC., and Sections 3(1)(s) and 3(1)(z) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section
67 of the Information Technology Act, against the appellant, his
mother Amudha and his sister Preethapriya and others and the
appellant was arrested and latter, this Court by order dated
03.09.2024 granted interim bail to the appellant so that the
matrimonial discard can be sorted out, the appellant and the
defacto complainant/3rd respondent can join as husband and wife
and continue their matrimonial life thereafter. The appellant has
come out on bail and he was directed to appear before the
respondent police to recover the certificates and ensure the return
of articles of the defacto complainant.
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5. Earlier, on 23.08.2024, this Court appointed
Mr.E.V.Chandru, learned counsel to assist the victim/ defacto
complainant / 3rd respondent in this regard.
6. Mr.E.V.Chandru, the learned counsel after instructions of
the victim filed a typed set stating that the appellant earlier taken a
loan from one Premalatha and 138 Negotiable Instrument Act case
is pending between the appellant and the said Premalatha before
the District Munsif-cum-Judicial Magistrate, Thisaiyanvilai.
Further, the learned counsel submitted that the appellant has
changed his approach to lead a happy matrimonial life with the 3rd
respondent, who is an Engineering Graduate and, if the appellant
and his family members accepts the 3rd respondent into their family
fold, the 3rd respondent will not have any objection even dropping
further action in Crime No.22/2024 and in quashing of the case.
7. Further, the defacto complainant / 3rd respondent appeared
before this Court and gave a letter confirming the compromise and
leading a matrimonial life, which is extracted hereunder:-
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8. In view of the above, this Court finds the continuation of
proceedings in Crime No.22/2024, on the file of the 2nd Respondent
Police, would only be an obstacle to the happy matrimonial life and
would be doing more harm to the victim. In view of the same, this
Criminal Appeal is allowed and quashes the proceedings in Crime
No.22/2024, on the file of the 2nd Respondent Police, not only
against the appellant, his mother, sister and all others persons
involved in the offence, by invoking Section 482 of Cr.P.C., / 528 of
BNSS Act.
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9. This quashing of FIR is with a condition that the Appellant
and the 3rd respondent continue to lead a happy matrimonial life, as
husband and wife. The Appellant's family accepted the 3rd
respondent into their family fold. In the event of violating the
above, the order of quashing of the FIR would stand recalled and
the respondent police to continue with the investigation. This
Court invoking Section 482 of Cr.P.C., / 528 of BNSS Act.
31.01.2025
Index: Yes/No
Internet: Yes/No
vvk/mpk
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To
1. The Special Judge,
Under SC & ST (Prevention of Atrocities) Act,
Principal Sessions Court, Chennai
2.The Assistant Commissioner,
Office of the Assistant Commissioner,
Chennai District.
3.State by Inspector of Police,
All Women Police Station,
Virugambakkam, Koyambedu,
Chennai District.
4.The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
vv2
Pre-delivery judgment made in
31.01.2025
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