Edward v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.10975 of 2022 and Crl.M.P.(MD).No.6939 of 2022 1.Edward 2.Ruth ... Petitioners Vs.
1.State represented by The Inspector of Police, All Women Police Station, Tirunelveli Rural.
In Crime No.01 of 2021 2.Crena
...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the proceedings in Crime No. 01 of 2021 on the file of the first respondent Police dated 01.03.2021 and quash the same.
For petitioners : Mr.T.Selvan For R-1 : Mr.B.Nambiselvan, Additional Public Prosecutor For R-2 : Mr.B.Fazil Kirmani 1/5
O RDER This petition has been filed seeking to quash the proceedings in Crime No.01 of 2021 on the file of the first respondent Police dated 01.03.2021 insofar as the petitioners are concerned.
2. The case of the prosecution is that the petitioners herein are the in-laws of the second respondent. The marriage between the first accused and the second respondent was solemnized on 29.06.2011 in Christian Church at Ukkirankottai. At the time of marriage, Rs.20,000/- and 11 sovereigns of gold was given as dowry. On 19.11.2013, the second respondent gave a birth to one female child. Thereafter, the petitioners herein demanded more dowry from the second respondent. But, she did not provide dowry to them. Due to which, the petitioners herein abused the second respondent by using filthy language and attacked her and thrown out her from the matrimonial home. Now, the first accused married another girl, who is the fourth accused in this case and now, she is pregnant. Hence, the second respondent gave a complaint to the Superintendent of Police, but, no action has been taken by the concerned Police. Thereby, the petitioner filed a private complaint before the learned Judicial Magistrate No.V, Tirunelveli in Cr.M.P.No. 2/5
6237 of 2020 and the learned Judicial Magistrate vide order dated 22.12.2020 directed the first respondent Police to register a complaint against the accused persons. Hence, a case was registered in Crime No.01 of 2021 for the alleged offence punishable under Sections 406, 494, 498(A), 506(ii) IPC r/w Section 4 of TNPHW Act and Section 4 of Dowry Prohibition Act against the petitioners herein. Challenging the same, the present petition has been filed.
3. The learned counsel appearing for the petitioners would submit that the respondent Police has included the petitioners' name in the FIR without considering the real fact. He would further submit that there is no specific overtact against the petitioners.
4. The learned Additional Public Prosecutor appearing for the first respondent Police would submit that there are materials available to proceed with the case as against the petitioners herein and at the threshold, the criminal proceedings cannot be quashed and hence, he would pray to dismiss the present petition.
5. On a reading of FIR, there appears to be some materials for the investigation to proceed. Interfering with the investigation, which 3/5
is at an infancy stage under Section 482 of the Code of Criminal Procedure, will be against the law laid down by the Supreme Court in State of Haryana and others vs. Bhajan Lal and others reported in 1992 Supp (1) SCC 335.
6. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed. However, the first respondent Police is directed to conclude investigation in Crime No.01 of 2021 within a period of four weeks from the date of receipt of a copy of this order.
13.03.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Inspector of Police, All Women Police Station, Tirunelveli Rural.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
M.DHANDAPANI. J.
TSG 13.03.2024 5/5