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Madras High CourtCRL OP/10690/2024dismissed

M.R.Padmavathi v. The State Rep By

2024-06-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.7259 of 2024 1.M.R.Padmavathi 2.M.P.Chandrakala ... Petitioners Vs.

1.State Rep.by The Inspector of Police, Mdhavaram Police Station, Madhavaram, Chennai-600 060.

2.Akash ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating in PRC.No.32 of 2023 pending on the file of the Judicial Magistrate, Madhavaram and quash the same.

For Petitioners : Mrs.S.Lavanya For R1 : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioners are mother-in-law and sister-in-law of the deceased who committed suicide within 7 years of her marriage. Based on the RDO report, the prosecution has proceeded against these two petitioners for the alleged offence under Section 304 B IPC. 2.

The learned counsel appearing for the petitioners referring the statements of the witnesses submitted that these two petitioners, who were arrayed as A2 and A3, had never resided along with the deceased or A1. There was no demand of any dowry or consequential harassment. However, the RDO on the wrong premise had given a report that the deceased was subjected to dowry harassment and the prosecution has launched. The learned counsel also submitted that since there was no issues to the deceased, she has committed suicide out of frustration. However, the family members of the deceased had prevented those facts to prosecution and sentenced the petitioners. 3.

This Court after perusing the Section 161 Cr.P.C., statement of the petitioners and the report of the RDO, unable to give a clean chit 2/4

to the petitioners herein, since the statements of these witnesses to some extent incriminating these petitioners. However, the same has to be tested by the due process of law. Therefore, this Criminal Original Petition to quash is dismissed with direction to the trial Court to complete the trial within a period of 6 months from today.

05.06.2024 Index : Yes/No rpl To 1.The Judicial Magistrate, Madhavaram 2.The Inspector of Police, Mdhavaram Police Station, Madhavaram, 3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

rpl 05.06.2024 4/4