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Madras High CourtCRL OP(MD)/10761/2025closed

Suyambulingam v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

2025-06-26Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.10761 of 2025 and Crl.MP(MD) No.8086 of 2025 1.Suyambulingam 2.Janaki 3.Jemila 4.Danpradeep 5.Sivakalai ... Petitioners Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Colachel, Crime No.19 of 2025 2.S.Amutha

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for records in Crime No.19 of 2025, dated 30.05.2025, on the file of the first respondent police and quash the same as against this petitioner. For Petitioner : Mr.A.Arun Ramnath For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side) 1/5

O R D E R

To quash the proceedings in Crime No.19 of 2025, the petitioners have approached this Court.

2.The learned counsel for the petitioners submits that the petitioners are the in-laws of the second respondent/defacto complainant. The second respondent married to one Senthil,(A1 and son of the petitioners) on 30.05.2024. There was a dispute between the second respondent and her husband. In order to take action as against her husband, the second respondent has lodged a compliant including all her in-laws that they have demanded dowry. According to the learned counsel, the second respondent and her husband are living separately and these petitioners have nothing to do with their affairs. They never shared the household with the second respondent. While so, they have been unnecessarily roped as accused in this case.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) takes notice for the respondents and submits that the case was registered based on the complaint given by the second respondent on 2/5

30.05.2024 and the investigation is still pending. It is reported by the investigating officer that the petitioners are not living with the second respondent and her husband.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.The case in Crime No.19 of 2025 is registered on the complaint of the second respondent, who is the daughter in law of the petitioners. The petitioners claims that they are not residing along with their son and the second respondent. However, they have been unnecessarily added as accused in this case. The case is only at the stage of investigation. The investigation agency is expected to conduct the investigation in a fair manner, not only based on the statements, if any, made by the defacto complainant and her witnesses and also from the independent witnesses/neighbours to the matrimonial home, including the grounds raised in this petition. In the event, if there is sufficient material as against these petitioners, the respondent police is at liberty to file the final report as against the petitioners. In such event, the petitioners are at liberty to challenge the same in the manner known to 3/5

law. Otherwise, their names may be deleted from the final report. This Court is not inclined to quash the proceedings at this stage. 6.Accordingly, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed. 26.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn To The Inspector of Police, All Women Police Station, Colachel.

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B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.10761 of 2025 and Crl.MP(MD) No.8086 of 2025 26.06.2025 5/5