Nanjil Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD) No.6713 of 2024 and Crl.M.P(MD).Nos.5110 and 5111 of 2024 1.Najil Murugesan 2.Vijayalakshmi 3.Keerthigadevi ... Petitioners/A2 to A4 versus The State Rep. by, The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

Crime No.11 of 2022 ... 1st Respondent/Complainant 2.Nathiya ... 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in C.C.No.4 of 2023 on the file of the learned District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai District and quash the same insofar as the petitioners/A2 to A4 are concerned.

For petitioners : Mr.M.Shakulhameed For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) 1/5

O R D E R The petitioners have filed this petition, seeking to quash the proceedings in C.C.No.4 of 2023 on the file of the learned District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai District.

2. The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 26.02.2020 and after marriage, the petitioners harassed the defacto complainant by demanding additional dowry.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they are in-laws of the defacto complainant and they have not committed any offence as alleged by the prosecution. He further submits that after the marriage, the first accused and the defacto complainant lived as husband and wife in a separate home and not at the matrimonial home. To wreck vengeance, the defacto complainant made a false complaint against the petitioners. Therefore, the proceedings shall be quashed as against the petitioners. 2/5

4. The learned Government Advocate (Crl.Side) appearing for the first respondent submits that it is a matter for trial and these grounds can be raised before the trial Court.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

6. Though the petitioners have raised several grounds, this Court is of the opinion that it can be appreciated only during the trial. Therefore, this Criminal Original Petition is dismissed with liberty to the petitioners to raise all these grounds before the trial Court, during the trial and the learned District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai District, is directed to complete the trial process within a period of six months from the date of receipt a copy of this order. Consequently, the connected miscellaneous petitions are closed. 05.06.2024 Index : Yes/No Internet : Yes/No sji 3/5

To

1. The District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai District.

2. The Inspector of Police, All Women Police Station, Usilampatti, Madurai District.

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

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B.PUGALENDHI,J sji 05.06.2024 5/5