Madras High Court
Dr.V.Preetha vs The State Rep. By on 14 March, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 29.09.2023
PRONOUNCED ON : 14.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022
and
Crl.M.P(MD).Nos.11642 of 2021 & 1384 of 2022
1.Dr.V.Preetha ... Petitioner in Crl.O.P(MD).No.20438 of 2021
2.Velmurugan
3.Kalaiselvi
4.Varadharajan
5.Tamilselvi
6.Ramesh ... Petitioners in Crl.O.P(MD).No.1876 of 2022
Vs.
1.The State Rep. by
The Inspector of Police,
All Women Police Station,
Kanyakumari,
Kanyakumari District.
(Crime No.4 of 2021).
2.A.Girija ... Respondents in both petitions
PRAYER in Crl.O.P(MD)No.20438 of 2021: Criminal Original Petition
is filed under Section 482 of the Code of Criminal Procedure, to call for
the records in FIR comprised in Crime No.4/2021 on the file of the 1 st
respondent and quash the same.
PRAYER in Crl.O.P(MD)No.1876 of 2022: Criminal Original Petition is
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Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022
filed under Section 482 of the Code of Criminal Procedure, to call for the
First Information Report bearing Crime No.4 of 2021 on the file of the
Inspector of Police, All Women Police Station, Kanyakumari,
Kanyakumari District and subsequently QUASH the same as against the
petitioner as illegal, erroneous and devoid of merits.
For Petitioner
in Crl.O.P(MD)No.20438 of 2021 : Mr.J.Shahila for
Mr.S.Sreenivasan
For Petitioner
in Crl.O.P(MD)No.1876 of 2022 : Mr.S.Palanivelayutham
For R1 in both petitions : Mr.R.Meenakshi Sundaram,
Additional Public Prosecutor
For R2 in both petitions : Mr.S.R.Sathan Boopathy
COMMON ORDER
Criminal Original Petitions have been filed to quash the FIR against the petitioners in Crime No.4 of 2021, dated 23.02.2021, for offence under Section 498(A) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1), 4 & 6 of the Dowry Prohibition Act, 1961, on the file of the 1st respondent Police.
2.Crl.O.P(MD)No.20438 of 2021 is filed A3 and Crl.O.P(MD)No. 1876 of 2022 is filed by A1, A2, A4, A5 & A6. Since both the Criminal Original Petitions arise out of FIR in Crime No.4 of 2021, this Court decides to dispose of both the petitions by way of common order. For 2/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 the sake of convenience, the petitioners are referred to as accused as per their rank in the FIR.
3.Initially, the 2nd respondent preferred online complaint to the Superintendent of Police, Kanyakumari which was forwarded to the 1st respondent Police on 24.07.2020. Thereafter, C.S.R.No.139 of 2020 issued on 27.07.2020 by the 1st respondent Police. Since no action taken, representation sent to the Superintendent of Police, Kanayakumari on 11.09.2020, thereafter too, no action taken by the 1st respondent Police. Hence, the 2nd respondent filed a petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil in Crl.M.P.No.763 of 2020. The learned Magistrate vide order, dated 26.11.2020 directed the 1st respondent Police to register FIR on the complaint of the 2nd respondent. Thereafter, a case in Crime No.4 of 2021 registered against the petitioners for offence under Section 498(A) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1), 4 & 6 of the Dowry Prohibition Act, 1961. During the pendency of the investigation, the present petitions have been filed.
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4.(i)The case of the 2nd respondent is that an arranged marriage between the 2nd respondent and her estranged husband/A1 held on 16.09.2015. During the marriage, her husband/A1 and his family/A2 to A6 demanded 80 sovereigns of jewels and cash of Rs.5,00,000/-. Initially, on 26.06.2015, engagement held, on that day, Rs.2,00,000/- and 7½ sovereigns of gold chain presented to A1 and the 2nd respondent's family had incurred expenses of Rs.1,00,000/- for engagement. Fifteen days prior to the marriage, Rs.3,00,000/- was handed over to A1. On 16.09.2015, the marriage between them was performed in Akshaya marriage hall. On 26.09.2015, the jewels of the 2nd respondent of 24 sovereigns was demanded and retained by her husband's family and till they are holding it. Out of the marriage, she became pregnant. On 05.09.2016, she had gone to her parents house and her husband/A1 used to take her for medical check up. Later on 09.04.2017, a male baby viz., V.G.Pranav Krish was born to them in Jayasekaran Hospital, Nagercoil. Since the parents of her husband had not come to hospital, the baby was handed over to the 2nd respondent's father. At that time, A2, the sister of A1 forcibly took the baby. From then on, there was misunderstanding 4/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 between the petitioners and the 2nd respondent. Since the harassment was continued, on 10.04.2015, due to depression the 2nd respondent fainted and she had to take treatment as inpatient for one week. The entire delivery expenses was incurred by the 2nd respondent's parents.
(ii)On 07.07.2017, the 2nd respondent along with the baby came to A1's house, at that time, the accused demanded 3½ sovereigns of gold chain to be presented for the baby. A1 along with his friends were found to be indulged in theft activities. Though it was represented that he completed M.A, he studied only 10th std. A3, the daughter of A2 was studying M.B.B.S. For her educational expense, the accused demanded Rs.8,00,000/- from the 2nd respondent's family. Further, the jewels of the 2nd respondent retained by A2, sister of her husband. The 2nd respondent had to make a request for getting the jewels whenever she was to attend any function. Added to it, the jewels were pledged by A2 and her family members. On 30.12.2017, the 2nd respondent's father-in-law Durairaj passed away. After completion of rituals, A2 to A6 demanded the property share of the 2nd respondent, which she was refused. For this reason also, she was harassed continuously. Further, the demand of 5/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 additional dowry and gold jewels were continuously made by all the accused. The 2nd respondent was constantly under depression due to harassment of the petitioners, due to which, she regularly fainted and her health condition was not good.
(iii)The 2nd respondent had developed epilepsy and A3 being a Doctor, she informed A1 that the health condition of the 2 nd respondent is bad. According to the petitioners, suppressing the health condition of the 2nd respondent, she was given in marriage to A1. Citing her health condition, the harassment continued. Further, for A3's marriage, the 2nd respondent was forced to bring additional dowry, cash and jewels. On 20.05.2018, Rs.25,00,000/- was demanded for constructing a new house by A1 and she was sent to her parents house.
(iv)On 29.05.2018, A1 forced and took the baby to the temple and thereafter, the 2nd respondent returned the baby who fell sick and the baby had loose motion. The 2nd respondent took baby along with her father to Melakrishnanputhu hospital. On 30.05.2018, she gave dexolac medicine to her baby. When she was preparing juice for baby, the baby 6/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 accidentally swallowed the cap of the feeding bottle. The 2nd respondent tried to remove the same, but she could not do it. The 2nd respondent's brother removed the cap from the mouth of the baby. In the process, the baby had small bruise and was taken to Eethamozhi Siva hospital. On the same day, this incident was informed to A1, who came to the hospital, enquired and found the baby recovering and keeping good health. A1 insisted that the baby to be taken to Jayasekaran hospital. At about 11.30 p.m., her baby health condition got deteriorated and thereafter, the baby was taken to the hospital by A1 without care and it was informed, the baby passed away. Due to death of baby, the attitude of accused worsened always citing the health condition of the 2nd respondent and casting aspersions against the 2nd respondent and her brothers abusing them that they are reason for the death of baby V.G.Pranov Krish. Thereafter, the 2nd respondent was never taken back to the matrimonial home, hence, the above complaint lodged.
5.The learned counsel for the petitioners submitted that the matrimonial discord blown out of proposition and a false case registered against petitioners. Initially, the enquiry was conducted by the 1st 7/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 respondent Police and the petitioners appeared before the 1st respondent Police and gave explanation. The 1st respondent Police found no fault on the petitioners and it is only the 2nd respondent who had suppressed about her health condition. The 2nd respondent blown out of proposition the normal family conduct and life as though the 2nd respondent was constantly harassed at the hands of the petitioners. Further, the demand of dowry was not proved. In this case, A3 is a Doctor. When the marriage between the 2nd respondent and A1 had taken place, she was studying M.B.B.S., and thereafter, joined post graduation. A3 never visited A1 and the 2nd respondent in their matrimonial home. On 19.09.2017, A3 appointed as Block Medical Officer of Government Primary Health Centre. She has been appointed as Assistant Surgeon and posted to Government Primary Health Centre at Thulukkapatti, Tirunelveli district. She never stayed in the native and no demand was made by her from the 2nd respondent. Further, A3 got married to one Vinoth Prakash and has got a separate family. A2 is the sister of A1. A4 is the husband of A2.
6.The learned counsel further submitted that after registration of the case, the petitioners filed anticipatory bail in Crl.O.P(MD)Nos.3432 8/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 & 3907 of 2021 before this Court and this Court by order, dated 10.11.2021 granted interim protection to the petitioners directing them to appear before the 1st respondent Police for mediation. During mediation, the jewels available with the petitioners were handed over to the 2 nd respondent who received the same and gave acknowledgement on 30.11.2021.
7.He further submitted that since A1 lodged a complaint against the 2nd respondent and her brothers on 22.06.2022 for improper treatment given and death of his son V.G.Pranav Krish, as a counterblast, the complaint was given to the respondent Police which culminated into FIR in Crime No.4 of 2021. He further submitted that during the pendency of the present petitions, the petitioners and the 2nd respondent agreed to give quietus to the issue between them. To that effect, Rs.20,00,000/- paid by way of nine demand drafts to the 2nd respondent. Further, A1 and the 2nd respondent filed divorce petition by mutual consent under Section 13B of the Hindu Marriage Act. Added to it, the 2nd respondent gave a letter to the 1st respondent Police not to pursue her complaint. Hence, prays for quashing of the FIR.
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8.The learned Additional Public Prosecutor appearing for the 1st respondent Police submitted that on the directions of the learned Judicial Magistrate, Additional Mahila Court, Nagercoil, the case in Crime No.4 of 2021 registered for offence under Section 498(A) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1), 4 & 6 of the Dowry Prohibition Act, 1961. The petitioner as well as the 2nd respondent called for enquiry and mediation efforts taken. Since it is primarily a matrimonial dispute and demand of dowry, the mediation could not succeeded due to adamant attitude of the parties. He further submitted that the petitioners approached this Court and filed anticipatory bail in Crl.O.P(MD)Nos.3432 & 3907 of 2021. This Court directed the petitioners to appear before the 1st respondent Police and to handover the jewels to the 2nd respondent and also to find out the feasibility of arriving at the settlement. Thereafter, the jewels handed over, but the mediation could not succeed. The 2nd respondent informed that there are some more jewels and household articles which are still retained by the petitioners. A1 seems to be cruel towards the 2nd respondent due to untimely death of his baby. Now, the investigation 10/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 completed, charge sheet filed on 02.04.2022 and the same was taken on file as C.C.No.52 of 2022 pending trial before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil.
9.It is further submitted that during the pendency of the above quash petitions, the petitioners and the 2nd respondent appeared before the Police and the petitioners handed over the household articles to the 2nd respondent. They have also agreed to give quietus to the dispute between them. The 2nd respondent agreed to receive one time settlement of Rs.20,00,000/- as alimony and for other issues between them. This amount paid by way of nine demand draft. Further, they have also produced the compromise affidavit to the 1st respondent Police.
10.The learned counsel for the 2nd respondent submitted that the 2nd respondent's grievance was that during the marriage, gold jewels weighing about 105 sovereigns, cash of Rs.5,00,000/- and household articles presented, out of which, 24 sovereigns alone returned to her. The 2nd respondent is now concerned only with regard to return of balance gold jewels. If the same is returned, she is willing to withdraw these 11/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 cases as well as to give no objection as and when any divorce petition is filed. It is submitted that now the issue had been resolved between the petitioners and the 2nd respondent and the 2nd respondent confirmed the receipt of Rs.20,00,000/- by way of nine demand drafts and also confirmed to give quietus to all the issues. Further, joint compromise is filed by the petitioners and the 2nd respondent. She further submitted that a divorce petition under Section 13B of the Hindu Marriage Act by mutual consent, in which the pendency of the above quash petitions, the petitioner and the 2nd respective appearing before the Court and agreed for Rs.20,00,000/- final settlement, receipt of the same and the 2nd respondent is not entitled for any further maintenance and further compensation, are all recorded.
11.Considering the submissions and on perusal of the material, it is seen that the marriage between A1 and the 2 nd respondent is an arranged marriage. During the marriage, customary articles were presented and thereafter, they were living together as husband and wife and they were also blessed with a male baby V.G.Pranav Krish. The 2 nd respondent had bouts of epilepsy which according to the petitioners, the same was 12/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 suppressed. Due to which, there was some dispute. Later, the boy baby swallowed juice bottle cap accidentally which later removed and the baby suffered some injuries, rushed to the hospital. Later, the baby succumbed to death, which hurts A1 very badly since he crossed 45 years of age and he lost hope of having any more baby. Thereafter, there was allegations and counter allegations against each other. In fact, A1 in this case lodged the complaint with the Police on 22.06.2020, thereafter, the 2nd respondent preferred online complaint to the Superintendent of Police, Kanyakumari which was forwarded on 24.07.2020 to the 1st respondent Police Station. Thereafter, C.S.R.No.139 of 2020 issued on 27.07.2020 by the 1st respondent Police. Since no action taken, a representation sent to the Superintendent of Police, Kanayakumari on 11.09.2020, thereafter too, no action taken by the 1st respondent Police. Hence, the 2nd respondent filed a petition under Section 156(3) Cr.P.C., before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil in Crl.M.P.No.763 of 2020. The learned Magistrate vide order, dated 26.11.2020 directed the 1st respondent Police to register FIR on the complaint of the 2nd respondent. Thereafter, a case in Crime No.4 of 2021 registered against the petitioners for offence under Section 13/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 498(A) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1), 4 & 6 of the Dowry Prohibition Act, 1961.
12.It is reminded that during the complaint of A1 as well as the complaint of the 2nd respondent, COVID-19 pandemic was at peak. At that time, there were restriction in movement, including the Police Department. But A1 as well as the 2nd respondent were able to trade charges against each other relentlessly.
13.Be that as it may, it is to be seen that A2 in this case was a medical student pursuing M.B.B.S., during the period 2010-2016 at Vellore Government Medical College. Except for attending the marriage of maternal uncle/A1 on 16.09.2015, she never involved in the matrimonial life of maternal uncle/A1 and 2nd respondent. She was pursuing her studies in Chennai and was attending coaching class for her PG entrance. During the period between August and September, 2017, she served at Jayaharan Hospital, Nagercoil. In the meanwhile, she passed in the Medical Recruitment Board examinations and joined 14/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 service as a Medical Officer at Thulukkapatti, Valliyoor, Tirunelveli on 19.09.2017 and she started staying at Kavalkinaru in a rented house. In the meanwhile, she got married on 14.07.2021 and now she is serving as an Assistant Surgeon at Thadikarankonam Primary Health Centre, Kanyakumari District, since October 2021. The occurrence is during the period 2015-2021. During that time, A3 was focused and busy with her studies and she had not visited her native often.
14.It is seen that venom between the petitioners and the 2 nd respondent was intense, due to which, small issues manifested and made as a complaint and counter complaint against each other. It is to be seen that the petitioners and the 2nd respondent filed anticipatory bail in Crl.O.P(MD)Nos.3432 & 3907 of 2021 and order was passed on 10.11.2021. As per the order, the petitioners and the 2nd respondent appeared before the 1st respondent Police and the petitioners handed over jewels to the 2nd respondent. Though the 2nd respondent complained that only part of the jewels were handed over, the receipt, dated 30.10.2021 disclosed the jewels received by the 2nd respondent. The scanned reproduction of the same is as follows:
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15.Now the joint compromise memo has been filed by the petitioners and the 2nd respondent. The scanned reproduction of the same is as follows:
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16.It is to be noted that A1 and the 2nd respondent filed a divorce petition in H.M.O.P.No.784 of 2023 on the file of the Family Court, Nagercoil on mutual consent. The petitioners and the 2nd respondent appeared before this Court and confirmed giving quietus to the issues.
The 2nd respondent confirmed the receipt of Rs.20,00,000/- by way of nine demand drafts and filing of mutual consent divorce petition and handing over of Shreedhana articles and she has no objection for quashing the proceedings against the petitioners. The case is an outcome of matrimonial discord, a family and private issue.
17.It is informed by the learned Additional Public Prosecutor that the investigation has been completed in Crime No.4 of 2021 and charge sheet filed in C.C.No.52 of 2022 before the learned Judicial Magistrate, Additional Mahila Court, Nagercoil.
18.In view of the compromise and settlement, the FIR in Crime No.4 of 2021 on the file of the 1st respondent Police stands quashed and consequently, the proceedings in C.C.No.52 of 2022 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Nagercoil is also quashed. The criminal case against the petitioners stands wiped out. 20/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022
19.It is made clear that no adversity can be drawn against the petitioners, more particularly, against A3, a Government Doctor, in any manner.
20.In the result, Criminal Original Petitions stand allowed. Consequently, connected Miscellaneous Petitions are closed.
14.03.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes Neutral Citation: Yes/No vv2 To
1.The Judicial Magistrate, Additional Mahila Court, Nagercoil.
2.The Inspector of Police, All Women Police Station, Kanyakumari, Kanyakumari District.
21/22 https://www.mhc.tn.gov.in/judis Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 M.NIRMAL KUMAR, J.
vv2
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court.
PRE-DELIVERY ORDERS IN Crl.O.P(MD).Nos.20438 of 2021 & 1876 of 2022 14.03.2024 22/22 https://www.mhc.tn.gov.in/judis