Abinaya @ Abirami v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.07.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.13793 of 2016 and Crl.M.P.No.7052 of 2016 1.Abinaya @ Abirami 2.Muthulakshmi 3.Saravanan ..Petitioners/A5 to A7 Vs 1.State rep by the Inspector of Police All Women Police Station Palladam 2.S.Banupriya .. Respondents/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the charge sheet in C.C.No.138 of 2012 on the file of Judicial Magistrate, Palladam. For Petitioners :
Mr.J.Franklin For R1 :
Mr.C.Emalias, Additional Public Prosecutor
O R D E R
This petition has been filed to call for the records and quash the charge sheet in C.C.No.138 of 2012 on the file of Judicial Magistrate, Palladam.
2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.
3. Though notice was served on Banupriya/de facto complainant and name printed in the cause list, there is no appearance.
3. On the complaint lodged by Banupriya, the respondent police registered a case in Cr.No.23 of 2012 and after completing the investigation, has filed a Final Report in C.C.No.138 of 2012 before the Judicial Magistrate, Palladam for offences u/s 498-A, 294(b), 506(i), 494 and 109 IPC against
seven accused, challenging which accused Nos.5 to 7 are before this Court.
4. It is the case of the prosecution that Selvakumar [A1] got married to Banupriya [de facto complainant] on 13.12.2007 and thereafter, she was subjected to cruelty by Selvakumar [husband/A1], Lakshmi [mother-in-law/A2], Ramlakshmi [sister-inlaw/A3] and Saravanan [brother-in-law/A4]. As regards A5 to A7, the allegation in the Final Report is that Selvakumar married Abinaya [A5], and Muthulakshmi [A6] and Saravanan [A7] attended the marriage. Therefore, the charge against them is one u/s 494 r/w 109 IPC.
5. Mr.J.Franklin, learned counsel for the accused submitted that there is no iota of material to show that Abinaya [A5] has married Selvakumar. Abinaya is present before this Court and she has also filed an affidavit, wherein, she has stated as follows:
"4. I state that I am only a neighbour of the 1st accused and the defacto complainant and at any point of time, I have no intention at all to marry the 1st accused.
5. I state that I never married the 1st accused at any point of time much less the date as alleged in the complaint.
6. I state that I am going to marry the bridegroom as per the advice of my family members and nothing else."
6. Of course an affidavit by an accused cannot by itself be a reason for quashing the prosecution. Therefore, this Court carefully perused the Final Report and the statements of witnesses. Even in the Final Report it is not stated as to when and where the alleged second marriage had taken place. The witnesses who have been examined by the police merely stated that they have heard that Selvakumar got married to Abinaya and a few witnesses have stated that Selvakumar and Abinaya are living together.
7. In the considered opinion of this Court, if these witnesses depose as stated in the 161 Cr.P.C. statement before the Court, a charge under Section 494 r/w 109 IPC cannot be maintained against A5 to A7. At the most, one can draw inference that Selvakumar was having illicit intimacy with Abinaya [A5] and nothing beyond.
In the result, this petition is allowed and the proceedings in C.C.No.138 of 2012 on the file of the Judicial Magistrate, Palladam, as against these petitioners alone is quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To To 1.The Inspector of Police All Women Police Station Palladam.
2.Judicial Magistrate, Palladam.
3.-Do- Thro' The Chief Judicial Magistrate, Tiruppur.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.J.Franklin, Advocate Sr.41995 Crl.OP No.13793 of 2016 bvr[co] srg 16/08/2016