S.Ilavarasi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06/12/2023

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.18600 of 2023 S.Ilavarasi : Petitioner Vs.

1.The Superintendent of Police, Trichy District.

Trichy.

2.The Deputy Superintendent of Police, Lalgudi Taluk, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District. : Respondents PRAYER:- Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to direct the respondents to conduct further investigation and to file a final report in connection with the case in Crime No.194 of 2022, dated 29/05/2022 on the file of the 3rd respondent, based on the petitioner's representation, dated 21/12/2022 and pass such further or other orders. For Petitioner : M/s.R.Yamua For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side) 1/6

O R D E R

This criminal original petition has been filed seeking direction to the respondents to conduct further investigation and to file a final report in connection with the case in Crime No.194 of 2022, dated 29/05/2022 on the file of the 3rd respondent, based on the petitioner's representation, dated 21/12/2022. 2.The facts in brief:- The de-facto complainant namely the petitioner herein filed a complaint stating that her daughter by name Chitrangi was studying 2nd year B.A Economic course in Holy Cross College, Trichy. She fell in love with one Kumar @ Vasudevan and discontinued her his studies. On 14/02/2019, marriage was performed between them. They lived in Kamatchi Guardan, Mandurai Nagar. They had a child by name Chlorine Shyni. Right from the younger age, Chitrangi was adamant in character. She used to pick up quarrel with his husband. On 29/05/2022, she was informed by the son-in-law that Chitrangi committed suicide. On enquiry, the son-in-law told that for the past 2 days, prior to the suicide, she was picking up quarrel, demanding to continue her studies.

3.On the basis of the complaint, a case in Crime 2/6

No.194 of 2022 was registered under section 174(3) Cr.P.C. After completing the investigation, final report was filed before the trial court closing the FIR as 'Mistake of Fact', finding that it is a case of suicide. Pending investigation, a representation was made by the petitioner stating that she is suspected the involvement of the son-in-law. But according to her, the parents of the son-in-law started harassing them demanding Sreedhana, house-hold articles, etc. Because of the trouble made by the parents of the son-in-law, they put up a separate house. Later, the son-in-law also started harassing her demanding sreedhana, etc. She promised to arrange the demand. But in the meantime, she was forced to commit suicide. At the time of giving the complaint, she was forced to sign in the blank papers. On enquiry with the child, she told that the deceased was assaulted by the son-in-law. So with these, she sent a representation, on 21/12/2022.

4.Now the grievance of the petitioner is that without undertaking proper investigation, final report has been filed.

5.Per contra, the learned Government Advocate (Criminal side) would submit that it is a clear case of suicide; There is no abetment either on the side of son3/6

in-law or parents of the husband. During the course of the enquiry by the Revenue Divisional Officer, it was also found that there was no dowry demand. Because of the depression over her study issue, the deceased appears to have committed suicide. Finding that no other person is involved in the suicide, it was closed as 'Further Action Dropped'.

6.Reading of the report of the Revenue Divisional Officer and the conclusion reached by the Investigating Officer, I am of the considered view that no materials are available on record to implicate the husband of the deceased. Since final report is also filed and RCS notice was also served upon the petitioner, if the petitioner got any grievance still to be redressed, she can work out her remedy before the concerned court itself. 7.With the above said direction, this criminal original petition stands dismissed with liberty to the petitioner to approach the concerned trial court to work out her remedy through appropriate proceedings in the manner known to law.

06/12/2023 Index:Yes/No Internet:Yes/No er 4/6

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

2.The Deputy Superintendent of Police, Lalgudi Taluk, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

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

5/6

G.ILANGOVAN, J er Crl.OP(MD)No.18600 of 2023 06/12/2023 6/6