N.Bhuvaneshwari v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL N.Bhuvaneshwari ... Petitioner Vs.

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, All Women Police Station, Trichy District.

3. Geethanjali ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS Act, 2023, to direct the 2nd respondent not to harass the petitioner and her family members on the guise of enquiry and to follow the procedure established under the law.

For Petitioner : Mr.P.Sivachandran For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner and her family members on the guise 1/5

of enquiry and to follow the procedure established under the law.

2. According to the petitioner, the petitioner husband and the 3rd respondent father are distant relatives and they have arranged the marriage between the 3rd respondent and the petitioner's 2nd son, who is working in abroad. Already the petitioner has spent a sum of Rs.8,00,000/- for purchasing jewels, invitation and other expenses. In the mean time, the 3rd respondent did not want to marry the petitioner's son and the same was expressed through Whatsapp to the petitioner's son and also threatened him to stop the marriage. Therefore, the marriage proposals were dropped. Immediately, the petitioner and her husband went to the 3rd respondent house and informed about the incident and the parents of the 3rd respondent informed that they will discuss with her daughter and thereafter they can decide.

In the mean time, the 3rd respondent by suppressing all the above said facts, she gave a false complaint to the 2nd respondent alleging that the family members of the petitioner demanded dowry and harassed her parents. Therefore, the 2nd respondent without issuing summon called the petitioner for enquiry on 27.01.2025. The petitioner and her husband appeared before the 2nd respondent and gave a statement along with the Whatsapp chats of the 3rd respondent. Thereafter, the petitioner sent a representation to the 1st respondent on 30.01.

petitioner. Inspite of that, they used to harassed the petitioner and hence, she filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that the petitioner and the 3rd respondent are relatives and already, there was a proposal for the marriage between the 3rd respondent and the 2nd son of the petitioner and the same was dropped. Thereafter, the 3rd respondent lodged a complaint that the petitioner and her husband demanded dowry for marriage and based on the complaint, they insisted the petitioner to appear for enquiry and they will complete the enquiry within one week.

4. Considering the limited scope of the prayer sought for in the petition, this Court without issuing notice to the 3rd respondent inclined to pass orders.

5. According to the petitioner, the 2nd respondent police have frequently called the petitioner for enquiry based on the complaint given by the 3rd respondent. The 2nd respondent is also admitted the receipt of the complaint from the 3rd respondent and now the complaint is under enquiry. Since the enquiry proceedings are pending before the 2nd respondent, it is 3/5

appropriate to direct the 2nd respondent to complete the enquiry proceedings within one week in accordance with law.

6. In view of the above said observation and recording the submission of the learned Additional Public Prosecutor, this Court directs the 2nd respondent to complete the enquiry in accordance with law within one week from the date of this order. Accordingly, this Criminal Original Petition is disposed of. No costs.

12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac To

1. The Superintendent of Police, Trichy District, Trichy.

2. The Inspector of Police, All Women Police Station, Trichy District.

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

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P. DHANABAL , J., mac 12.02.2025 5/5