K.Sivakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9592 of 2016 K.Sivakumar ..Petitioner/4th Accused Vs 1.The Inspector of Police All Women Police Station Neyveli, Cuddalore District.

Pin Code 607 801.

.. 1st Respondent/Complainant.

2.Ekambaram .. 2nd Respondents/Defacto Complainant.

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.104/2014 on the file of Judicial Magistrate at Neyveli and quash the entire proceedings.

For Petitioner : Mr.P.Sam Japa Singh For Respondent -1 : Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to call for the records relating to C.C.No.104/2014 on the file of Judicial Magistrate at Neyveli and quash the entire proceedings.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint given by Ekambaram, the respondent registered a case in Cr.No.1 of 2014 on 05.02.2014 and after completing the investigation, has filed a Final Report in C.C.No.104 of 2014 before the Judicial Magistrate, Neyveli against six accused, challenging which K.Sivakumar-the fourth accused is before this Court.

4. The crux of the allegation in the Final Report is that, the daughter of the complainant was betrothed to K.Sivakumar and after betrothal, K.Sivakumar and his family members had demanded https://hcservices.ecourts.gov.in/hcservices/

huge amount as dowry and since the complainant was unable to meet their demands, the marriage was cancelled.

5. On reading of the Final Report it is seen that this petitioner is the maternal uncle of K.Sivakumar and there are allegations against him in the Final Report. Since there are prima facie materials, this is is not a fit case to quash the prosecution.

6. The learned counsel for the petitioner submitted that the parties are likely to amicably arrive at a settlement and therefore, prayed that the matter may be referred to the Legal Services Authority, Cuddalore District. Accordingly, the Legal Services Authority, Cuddalore District is directed to call all the parties and take steps for amicably settling the issues and report the same to the trial Court.

With the above direction, this petition is closed. gms s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Inspector of Police All Women Police Station Neyveli, Cuddalore District.

2.Judicial Magistrate at Neyveli 3.The Public Prosecutor, High Court, Madras.

4. Legal Services Authority, Cuddalore + 1 cc to Mr.P.Sam Jaya Singh, Advocate SR 32201 bvr(co) prk21/6 Crl.OP No.9592 of 2016 https://hcservices.ecourts.gov.in/hcservices/