In a matrimonial dispute involving allegations of dowry harassment, the High Court of Madras dismissed a quash petition. Instead of quashing the FIR, the Court directed the investigating officer to issue a notice under Section 41(A) Cr.P.C. to the accused for appearing before the police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.OP.No.6767 of 2021 & Crl.MP.Nos.4131 & 4488 of 2021
1.Dhanalakshmi 2.Backiyam 3.Nesamani ... Petitioners Versus 1.The State represented by its, Inspector of Police, Ammapet Police Station, Salem City. (Crime No.8 of 2020) 2.Hamritham ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the impugned FIR in Crime No.8 of 2020 dated 17.03.2020 on the file of the first respondent police and quash the same.
For Petitioner : Mr.E.C.Ramesh For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor ORDER
The petitioners who are the accused in Crime No.8 of 2020 for the offences punishable under Section 498A of IPC and Section 4 of Dowry Prohibition Act, 1961 have filed this quash petition.
the respondent police has to issue notice under Section 41(A) of Cr.P.C., to the petitioners. The petitioners are directed to appear before the respondent police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein.
3.In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
To
1.The Inspector of Police,
Ammapet Police Station,
Salem City.
2.The Public Prosecutor,
Madras High Court,
Chennai.
Crl.OP.No.6767 of 2021 &
Crl.MP.Nos.4131 & 4488 of 2021
br[co]
srg 21/06/2021
1 issue framed by the court
Whether a quash petition filed under Section 482 Cr.P.C. in a matrimonial dispute involving allegations under Section 498A IPC and Section 4 Dowry Prohibition Act can be dismissed directing the police
4 provisions across 3 enactments
Dhanalakshmi
Backiyam
Nesamani
The State represented by its, Inspector of Police, Ammapet Police Station, Salem City
Hamritham
M.Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
