Crl.OP filed under Sec 482 CrPC to quash criminal charges under IPC 498A, 323, 506(i). Court dismissed petition. Cruelty and desertion testimony exists. Lack of wound certificate does not warrant discharge; evidence must be tested at trial.
Criminal Original Petition to quash charges stands dismissed; connected miscellaneous petition closed.
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.
Crl.O.P.No.24235 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:01.10.2024
Coram:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.24235 of 2024
and M.P.No.13646 of 2024
1.Mr.Praveen 2.Mr.Vijayan
3.Mrs.Baby
4.Ms.Saranya
5.Mr.Prakash
6.Mr.Pradhash
.. Petitioners/A1 to A6
/versus/
1.State rep.by The Inspector of Police, W-22, Mylapore Police Station, Chennai 600 015. (Crime No.5 of 2023) ..1st Respondent/Complainant 2.Mrs.Rani Praveen ..2nd Respondent/Defacto
..2nd Respondent/Defacto Complainant
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Crl.O.P.No.24235 of 2024
Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records and quash the charges in C.C.No.2980 of 2023 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai in respect of the petitioners.
For Petitioners :Mr.A.J.Mohamed Kassim For R1 :Mr.K.M.D.Muhilan Govt.Advocate (Crl.Side)
ORDER
The respondent police registered the complaint of one Rani
Praveen against these petitioners, who are prosecuted for the offences under Sections 498(A), 323 and 506(i)of IPC in C.C.No.2980 of 2023 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai.
2.The learned counsel appearing for the petitioners referring
First Information Report and the statement of the complainant submitted that ingredient for offences under Sections 498(A) and 323 of IPC are not made out and there is no iota of material to prove the charges against the petitioners for these two offences. As far as the offence under Section
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Crl.O.P.No.24235 of 2024
506(i) of IPC, a bald allegation of criminal intimidation is not sufficient to frame charge.
3.The learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the defacto complainant is the wife of the first accused/first petitioner. Rest of the petitioners are in-laws of the defacto complainant. After 10 years of marriage with the defacto complainant, the first petitioner had married another lady by name Saranya and thereafter, started neglecting the defacto complainant and also subjected her to cruelty. As per the complaint, jewells worth Rs.85,000/- was used by the frist petitioner/first accused to improve his business. In the complaint, the second respondent sought for interference of the police either to advice the first petitioner to join with her and her
four year old daughter or to pay back Rs.85,000/- taken away from her.
the factum of the second marriage and claiming that out of Rs.85,000/-, Rs.45,000/- has already been given to the complainant and therefore, the
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Crl.O.P.No.24235 of 2024
complaint has to be quashed.
learned counsels on record finds that the defacto complainant is a physically challenged lady, who married the first petitioner 10 years ago having fallen in love with him. There is a four year old girl child born to them. With her jewel the first petitioner has started eatery shop and thereafter has develped intimacy with one Saranya, who was engaged by the first petitioner as a helper in his shop. The statement of the witnesses reveals desertion and cruelty. Want of wound certificate per se will not enure any benefit to the accused from getting discharged of offence under Section 323 of IPC. The evidence to be tested in the course of trial. Hence, this Criminal Original Petition to quash the charges in C.C.No.2980 of 2023 stands dismissed. Consequently, connected Miscellaneous Petition is closed.
01.10.2024
Index:Yes/No Internet:Yes/No Neutral Citation:Yes/no ari
Crl.O.P.No.24235 of 2024
To
Crl.O.P.No.24235 of 2024
Dr.G. JAYACHANDRAN,J.
ari
Crl.O.P.No.24235 of 2024 and M.P.No.13646 of 2024
01.10.2024
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 of Cr.P.C. to quash charges under Sections 498(A), 323 and 506(i) IPC should be allowed.
Whether the lack of sick person evidence/voucher certificate will enure to the benefit of the accused for discharge under Section 323 IPC.
1 provisions across 1 enactments
Praveen
Vijayan
Baby
Saranya
Prakash
Pradhash
G. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
