Indira v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.Nos.5663 and 5665 of 2024

1. Indira

2. Velankani

3. Dhanasekaran

4. Thenmozhi

5. Joans @ Manimaran

6. Karthi .. Petitioners Vs.

1. The Inspector of Police, All Women Police Station, Tindivanam, Tindivanam.

2. Rukumani .. Respondents Prayer : This Criminal Revision Case has been filed under Section 482 of the CR.P.C. to call for the records relating to the order dated 27.07.2023 made in Crl.MP.No.1034 of 2020 on the file of the learned Judicial Magistrate-II, Tindivanam.

For Petitioner : Mr.Om Sai Ram For Respondent : Mr.A.Gopinath Govt. Advocate (Crl. Side)

ORDER

This petition has been filed seeking to quash the order dated 27.07.2023 in Crl.MP.No.1034 of 2020 on the file of the learned Judicial Magistrate-II, Tindivanam.

The case of the prosecution is that A1 had promised to marry the defacto complainant and had physical relationship with her. When the matter came to knowledge of both families, they agreed and the marriage was fixed. Prior to the marriage, A1 who is bridegroom, has been absconded. In this connection, the petitioners have demanded dowry of 20 soverigns of jewel and Rs.2 Lakhs worth of household articles and Rs.1 lakh worth of two wheeler. Hence, the complaint. Based on the same, an FIR was registered. Subsequently, in the FIR, the name of A2 to A8, who is the petitioners, herein, have been deleted. Challenging the same, the defacto complainant has filed a petition in Crl.MP.No.1034 of 2020 and the same was allowed. Aggrieved over the same, the petitioners who are the accused have come up before this Court.

3. The learned counsel for the petitioners submitted that without going into the merits of the case, this Court may grant liberty to the petitioners to file a discharge petition before the Court below. After filing the discharge petition, the learned Magistrate may conclude the proceedings within the time stipulated by this Court.

4. The learned Government Advocate have not raised any objection in this regard.

5. In view of the limited request sought for by the petitioner, this Court without going into the merits of the case, grant liberty to the petitioners to file a discharge petition before the learned Judicial Magistrate-II, Tindivanam within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such petition, the learned Magistrate shall conclude the proceedings within a period of two weeks, thereafter, on merits and in accordance with law.

6. With the above directions, this petition is dismissed. Consequently, connected miscellaneous petitions are closed. 16.04.2024 rli Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No To

1. The Inspector of Police, All Women Police Station, Tindivanam, Tindivanam.

2. The Judicial Magistrate-II, Tindivanam.

3. The Public Prosecutor, High Court, Madras.

M.DHANDAPANI,J.

rli 16.04.2024