Madras High CourtCRL OP(MD)/16207/2016allowed

Panchavarnam v. The Inspector Of Police

2020-02-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16207 of 2016 and CRL.M.P.(MD)No.7867 of 2016

1. Panchavarnam

2. Chellammal ... Petitioners/Accused Nos.2 & 3 Vs.

1. The Inspector of Police, All Women police station, Sivagangai District.

(Crime No.8 of 2013)

2. Vidhya ... Respondents/ Complainants Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for records in C.C.No.224 of 2015 on the file of the Judicial Magistrate No.I, Sivagangai and quash the charge sheet and consequential further proceedings so far as against the petitioners are concerned.

For Petitioners : Mr.D.Shanmugaraja Sethupathi For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side) For R-2 : Mr.R.Gandhi * * *

O R D E R

The petitioners are facing trial in C.C.No.224 of 2015 on the file of the Judicial Magistrate No.I, Sivagangai, for the offences under Section 498(A) r/w 109 of I.P.C.

2. The petitioners are the parents-in-law of the second respondent.

3. I went through the statements recorded under Section 161 of Cr.P.C. It is seen that the allegations are made primarily against the son of the petitioners who has been shown as accused No.1 in this case. Accused No.1 is not before me.

4. Even while commencing his submissions, the learned counsel appearing for the petitioners firmly states that the petitioners are willing to hand over 10 sovereigns of gold to the defacto complainant without any delay. This submission is recorded. As I https://hcservices.ecourts.gov.in/hcservices/

have already held even assuming that all the averments set out in the prosecution case are true, still no case is made out against the petitioners herein. The impugned proceedings are therefore quashed against the petitioners are concerned. The criminal original petition stands allowed.

5. The case will of course go on against the first accused who is the son of the petitioners herein. The petitioners are directed to hand over 10 sovereigns of gold gifted by the father of the second respondent at the time of marriage.

6. With these terms, the criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate No.I, Sivagangai.

2. The Inspector of Police, All Women police station, Sivagangai District.

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

+1 CC to Mr.R.GANDHI, Advocate ( SR-8579[F] dated 26/02/2020 ) Crl.O.P.(MD)No.16207 of 2016 25.02.2020 VB(05.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/