The High Court dismissed a Criminal Original Petition seeking quashing of proceedings in C.C. No.44 of 2020 for offences under 406 and 498(A) IPC against three accused. The court found sufficient ingredients framed by the charge sheet.
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Crl.O.P No.936 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2023
CORAM
THE HONOURABLE Ms. JUSTICE R.N.MANJULA
Crl.O.P No.936 of 2021 and Crl.M.P. Nos.591 & 594 of 2021
Vs.
Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to call for the records relating to the proceedings in C.C. No.44 of 2020 on the file of Judicial Magistrate No.II, Tindivanam and quash the same in as much as against the petitioners.
For Petitioners : Mr.V.Maharajan For Respondent-1 : Mr.A.Gopinath Government Advocate (Crl. Side) R-2 : Mr.K.Kannan
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ORDER
This Criminal Original Petition is filed to to call for the records relating to the proceedings in C.C. No.44 of 2020 on the file of Judicial Magistrate No.II, Tindivanam and quash the same in as much as against the petitioners.
The third accused is the second son of the accused 1 and 2. While the de facto complainant was living at her mother-in-law's house along with her husband, the petitioners forced her to give her jewels for the purpose of meeting out the family financial exigency. The defacto complainant's husband died due to blood cancer on 20.07.2018. After the demise of her husband, the de facto complainant came back to her parent's place at
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Tindivanam and now she is residing with her parents. When she asked the petitioners to give back her jewels, they refused to give. Since the petitioners have caused marital cruelty a case has been registered in Cr. No.11/2019 against the accused for the offence under Section 406 and 498 (A) IPC. After completing investigation, charge sheet has been filed in C.C. No.44 of 2020 for the offences under Section 406 & 498(A).
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harassed and the petitioners have ill-treated her in various manner; so it cannot be presumed that the accused are not guilty without subjecting them to undergo the process of trial.
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caused marital cruelty by taking away her jewels and they have not even come forward to help her after she lost her husband, I find there are sufficient ingredients to file charge sheet against the accused 1 to 3. Unless the accused are subjected to trial, it is not possible to test the defense now made by them.
is dismissed. Connected miscellaneous petitions are closed.
13.02.2023
Index : Yes/No Speaking Order : Yes / No bkn
To:
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R.N.MANJULA, J.,
bkn
Crl.O.P No.936 of 2021
13.02.2023
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2 issues framed by the court
Whether the criminal proceedings against accused 1 to 3 for offences under Section 406 and 498(A) IPC can be quashed.
Whether the trial must continue to test the defense raised by the petitioners.
1 provisions across 1 enactments
A.Kalavathy
Angappan
A.Prakash
The State
K.Piriyadharshini
R.N. MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
