High Court dismissed petition seeking quashment of charge sheet under Section 482 CrPC in matrimonial dispute involving bigamy allegations, holding detailed inquiry required.
Petition for quash of charge sheet dismissed; connected proceedings 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.9216 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.9216 of 2022
and
Crl.M.P.Nos.5375 & 5378 of 2022
... Petitioners
Versus
... Respondents
Page No.1 of 7
Crl.O.P.No.9216 of 2022
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in C.C. No.25 of 2021 pending on the file of Judicial Magistrate-I, Kallakurichi.
For Petitioners : Mr.S.Vinoth Kumar For Respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Mr.V.Gunasekar for R2
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 25 of 2021 on the file of learned Judicial Magistrate-I, Kallakurichi.
Page No.2 of 7
Crl.O.P.No.9216 of 2022
2. Heard both sides.
Page No.3 of 7
Crl.O.P.No.9216 of 2022
with 1
with 1st petitioner herein as second marriage and begotten a child also. Therefore, she lodged a complaint. Based on that, F.I.R. was lodged in Crime No. 23 of 2021 and subsequently, final report was also filed.
been falsely implicated in this case by the 1st respondent police as per the complaint given by the 2nd respondent/defacto complainant. In fact, there was a matrimonial dispute between A1 and 2nd respondent/defacto complainant. He would submit that all these petitioners are family members and they are no way related with the alleged dispute between them nor they concerned with second marriage. Hence, he prayed to quash the proceedings initiated against them. In support of his contentions, he relied on the ratio laid down in the authority held by the High Court of Karnataka in Crl.Petn. No. 7931 of 2022 C/W Crl.Petn. No.7825 of 2022, in the case of Srinivasa Sagar and others vs. State, wherein in para 9 it has been held as follows :-
“ 9. A perusal of Sections 494, 495 and 496 of I.P.C. makes it clear that those offences can be pursued by a
Page No.4 of 7
Crl.O.P.No.9216 of 2022
spouse against an erring spouse and the other members of the family or members of the extended family cannot be prosecuted for the offences punishable under Sec.494, 495 or 496 of I.P.C. Therefore, pursuing the case against the other accused for the offences punishable under Sec.494, 495 and 496 of I.P.C. is unwarranted.....................................”
Crl.O.P.No.9216 of 2022
defence before the trial court. Furthermore, the authority relied on by the petitioner's counsel in the ratio laid down by the High Court of Karnataka in Crl.Petn. No. 7931 of 2022 C/W Crl.Petn. No.7825 of 2022, in the case of Srinivasa Sagar and others vs. State is not applicable to the facts of instant case. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Criminal Miscellaneous Petitions are closed.
02.02.2024
Index: Yes/No Internet: Yes/No rpp
To
Page No.6 of 7
Crl.O.P.No.9216 of 2022
T.V.THAMILSELVI, J.
rpp
CRL.O.P.No.9216 of 2022
02.02.2024
Page No.7 of 7
1 issue framed by the court
Whether the family members falsely implicated in a bigamy matrimonial dispute petition challenging charge sheet quash.
Colour shows how this judgement treated each authority
Srinivasa Sagar and others vs. StateDistinguished¶44
High Court of Karnataka in Crl.Petn. No. 7931 of 2022 C/W Crl.Petn. No.7825 of 2022, Srinivasa Sagar and others vs. State
3 provisions across 3 enactments
Sornamugi
Periyammal Muthusami
Ramesh Muthusami
State
Sailaja
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.V. Thamilselvi
Parties & counsel
