Petitioner, alleged second wife in a bigamy complaint by the first wife, sought quashing of C.C.No.16 of 2021 under Section 482 Cr.P.C. The court found the complaint, supported by medical records, disclosed prima facie allegations and declined to quash.
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Crl.O.P.No.7453 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.7453 of 2022
and Crl.M.P.Nos.4257 & 4261 of 2022
K.Sritha ... Petitioner Vs. K.Kayalvizhi ...Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in connection with C.C.No.16 of 2021 on the file of the learned Judicial Magistrate, Harur, Dharmapuri District and quash the same.
For Petitioner : Mr.G.Jaisivaramaraj For Respondent : No representation
O R D E R
The petitioner has filed this Criminal Original petitions to quash the proceedings in C.C.No.16 of 2021, pending on the file of the Judicial Magistrate, Harur, Dharmapuri District, in which cognizance was taken for
the offence punishable under Sections 494, 495, 496 and 498A of IPC.
Crl.O.P.No.7453 of 2022
Kayalvizhi, lodged a private complaint against the petitioner, alleging that that she was married to one Mukesh and that Mukesh had subsequently married the petitioner. In this complaint, the complainant portrayed the petitioner as the second wife of Mukesh. The complaint was registered in C.C.No.16 of 2021 on the docket of the Judicial Magistrate, Harur. In the complaint, complainant's husband was identified as A1.
Crl.O.P.No.7453 of 2022
implicated in this Case and seeks to quash the proceedings. Additionally, it is argued that questioning the marital status in Court is violates the Act. The complaint prima facie indicates that she gave birth to the children on 31.07.2019, as per the medical records and discharged summary particulars. Furthermore, an article report from a private hospital in Salem mentions the father of the child as Mukesh, which was granted through RTI. Considering these circumstances and to prevent a miscarriage of justice, I am not inclined to quash the proceedings in C.C.No.16 of 2021 pending on the docket of the Judicial Magistrate, Harur, Dharmapuri District.
Consequently, the connected miscellaneous petitions are closed.
09.01.2024
Speaking Order/ Non Speaking Order Index: Yes/ No Neutral Citation: Yes/No
rri
Crl.O.P.No.7453 of 2022
T.V.THAMILSELVI, J.
rri
Crl.O.P.No.7453 of 2022 and Crl.M.P.Nos.4257 & 4261 of 2022
09.01.2024
1 issue framed by the court
Whether proceedings in C.C.No.16 of 2021 under Sections 494, 495, 496 and 498A IPC against the alleged second wife should be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
K.Sritha
K.Kayalvizhi
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
