A.Muthukumar v. Peratchi Selvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.(MD)No.5094 of 2019 and CRL.M.P.(MD)Nos.3181 and 3182 of 2019 1.A.Muthukumar 2.Jayalakshmi 3.E.Arumugapandian 4.Boopathiraja ... Petitioners / Respondents Vs.

Peratchi Selvi ... Respondent / Petitioner PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the impugned proceedings bearing D.V.O.P.No.1 of 2019 on the file of the learned Judicial Magistrate No.V, Tirunelveli, Tirunelveli District and quash the same as illegal and devoid of merits.

For Petitioners : Mr.M.Karunanithi For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side).

ORDER

This petition has been filed to quash the impugned proceedings bearing D.V.O.P.No.1 of 2019 on the file of the learned Judicial Magistrate No.V, Tirunelveli, Tirunelveli District. 2.The first petitioner is the husband of the respondent herein. The petitioners 2 to 4 are the in-laws of the respondent herein. The marriage in between the first petitioner and the respondent herein is solemnized on 22.11.2015 at K.R.Mahal, Palayamkottai, Tirunelveli District. The first petitioner was working as Co-ordinator at Fence Education Academy, Madurai. After marriage, the first petitioner went to Chennai for his employment leaving the respondent with her in-laws. Thereafter, the petitioners harassed the defacto complainant and demanded additional dowry. Hence, the defacto complainant lodged this complaint. 3.The learned Government Advocate (Crl.

Side) appearing for the first respondent would submit that investigation is pending. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case, this Court is not inclined to interfere with the First Information Report at this stage.

the same cannot be quashed in the light of the law laid down by the Hon'ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal [(1992) [1] SCC 335].

5.At this juncture, the learned counsel for the petitioner submits that a direction may be issued to the respondent police to complete the investigation and file the final report within a stipulated time.

6.Considering the limited request made by the petitioner, this Court is inclined to issue a direction to the Law Enforcing Agency. Accordingly, the Law Enforcing Agency is directed to expedite the investigation and complete the same within a period of two months from the date of receipt of a copy of this order. 7.Accordingly, this criminal original petition is dismissed with the above direction. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.V, Tirunelveli, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.KARUNANITHI, Advocate, SR.No. 60574 CRL.O.P.(MD)No.5094 of 2019 MYR KK/SAR/26.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/