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Madras High CourtCRL OP/18730/2015allowed

R.Parthiban v. The Inspector Of Police

2017-08-01Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.18730 of 2015 and Crl. M.P.No. 1&2 of 2015 & 4374,5862 of 2017

1. R. Parthiban

2. T.Rajendran ...

Petitioners -Vs1. The Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram District.

2. E. Vasanthi (2nd respondent impleaded as per the order of this court dated 27.04.2017 in Crl.M.P.No.5862 of 2017 in Crl.O.P. 18730 of 2015) ...

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.455 of 2014 pending on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur and quash the same.

For Petitioner : M/s. SVAAK LEGAL For Respondent : Mr.P.Govindarajan (R1) Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.455 of 2014 pending on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur and quash the same.

2. The first petitioner herein is the son of the second petitioner. The marriage alliance was fixed between the first petitioner and the second respondent and pursuant to the fixing of the date of the marriage, the first petitioner and his family members had made arrangements for photo and video coverage to cover the marriage function. Moreover, they had also printed the wedding cards and made other arrangements for the marriage. The documents relating to the preparation of the marriage has been produced before this Court.

3. It is the case of the petitioners that prior to the marriage the first petitioner and the second respondent had gone out and when the second respondent had revealed that she had prior relationship with another boy, the first petitioner, having got offended, had complained the same to the second respondent's parents and after deliberations, the marriage came to

be stopped. Subsequently, the second respondent seems to have filed complaint before the first respondent herein and the same was registered in Crime No.5 of 2014 under Sections 420 IPC r/w Section 4 of Dowry Prohibition Act and 506 (i) of I.P.C.

4. Though notice was served on the second respondent and her name printed in the causes list today,none appears on behalf of the second respondent.

5. On a careful perusal of the complaint filed by the second respondent, it is seen that the complaint has been made with an intention to wreck vengence on the first petitioner and his family members. The arrangements made by the petitioners for the marriage is evidenced from the receipts produced before this Court. It is their case that the petitioners were willing to get along with the said marriage and the same came to be stopped because of the second respondent's attitude . Hence, the averment made in the complaint raises a serious doubt as to its genunity. It is also brought to my notice that the second respondent had subsequently got married and is living now happily. In this background, it would not be appropriate to keep the Criminal proceedings pending before the District Munsif Cum Judicial Magistrate, when the occurrences alleged in the case

seems to be doubtful.

6. In fine, this Criminal Original Petition is allowed and the proceedings in C.C.No.455 of 2014, pending on the file of District Munsif cum Judicial Magistrate, Sriperumbudur is quashed.

Consequently,connected Miscellaneous Petitions are closed. 01.08.2017 Index: No Internet: Yes/No arr/lbm To The Inspector of Police, All Women Police Station, Sriperumbudur, Kancheepuram District.

CRL.O.P.No.18730 of 2015