The High Court dismissed a petition for quashing proceedings under Section 304B IPC. Finding statements incriminating the petitioners, the Court refused quashing but directed the trial court to complete the trial within six months.
Quash the proceedings. Directed to complete trial within 6 months.
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Crl.O.P.No.10690 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.10690 of 2024 and Crl.M.P.No.7259 of 2024
1.M.R.Padmavathi
2.M.P.Chandrakala ... Petitioners
Vs.
1.State Rep.by The Inspector of Police, Mdhavaram Police Station, Madhavaram, Chennai-600 060.
2.Akash ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records relating in PRC.No.32 of 2023 pending on the file of the Judicial Magistrate, Madhavaram and quash the same.
For Petitioners : Mrs.S.Lavanya
For R1 : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
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Crl.O.P.No.10690 of 2024
O R D E R
The petitioners are mother-in-law and sister-in-law of the deceased
who committed suicide within 7 years of her marriage. Based on the RDO report, the prosecution has proceeded against these two petitioners for the alleged offence under Section 304 B IPC.
2. The learned counsel appearing for the petitioners referring the statements of the witnesses submitted that these two petitioners, who were arrayed as A2 and A3, had never resided along with the deceased or A1. There was no demand of any dowry or consequential harassment. However, the RDO on the wrong premise had given a report that the deceased was subjected to dowry harassment and the prosecution has launched. The learned counsel also submitted that since there was no issues to the deceased, she has committed suicide out of frustration. However, the family members of the deceased had prevented those facts to prosecution and sentenced the petitioners.
3. This Court after perusing the Section 161 Cr.P.C., statement
of the petitioners and the report of the RDO, unable to give a clean chit
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Crl.O.P.No.10690 of 2024
to the petitioners herein, since the statements of these witnesses to some extent incriminating these petitioners. However, the same has to be tested
by the due process of law. Therefore, this Criminal Original Petition to quash is dismissed with direction to the trial Court to complete the trial within a period of 6 months from today.
05.06.2024
Index : Yes/No Neutral Citation : Yes/No
rpl
To
1.The Judicial Magistrate, Madhavaram
2.The Inspector of Police, Mdhavaram Police Station, Madhavaram,
3.The Public Prosecutor, High Court of Madras, Chennai.
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Crl.O.P.No.10690 of 2024
Dr.G.JAYACHANDRAN,J.
rpl
C rl.O.P.No.10690 of 2024
05.06.2024
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 CrPC for quashing proceedings against petitioners for dowry death is maintainable in view of incriminating statements.
Whether the trial in proceedings under Section 304B IPC should be completed within a specified time.
2 provisions across 2 enactments
M.R.Padmavathi
M.P.Chandrakala
State Rep.by The Inspector of Police, Mdhavaram Police Station
Akash
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
