Madras High Court
Veyilammal vs The State Of Tamilnadu on 23 April, 2025
Crl.O.P(MD)No.21450 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD)No.21450 of 2024
and
Crl.M.P(MD)No.13299 of 2024
1. Veyilammal,
2. Vani @ Pechiammal,
3. Perumal,
4. Alagusubbu,
5. Sathya Sri, ... Petitioners
Vs
1. The State of Tamilnadu,
Rep by the Sub Inspector of Police,
AWPS,
Kovilpatti,
Thoothukudi District.
2. Manthiralakshmi, ... Respondents
PRAYER: Criminal Original petition has been filed under Section 528
of BNSS to call for the records pertaining to the C.C.No.280 of 2024
pending on the file of the Learned Judicial Magistrate No.1, Kovilpatti
and Quash the same in so far as the petitioners are concerned.
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Crl.O.P(MD)No.21450 of 2024
For Petitioners : Mr.S.Sivailayaraja
For R1 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl.Side)
For R2 : Mr.J.Mahesh Kumar
ORDER
This Criminal Original Petition has been filed seeking to quash the impugned proceedings in C.C.No.280 of 2024 pending on the file of the learned Judicial Magistrate No.1, Kovilpatti.
2.The prosecution case is that on 03.06.2011, marriage was solemnized between the second respondent and the first accused. After marriage, they lived as husband and wife and he used to scold the second respondent by demanding dowry. In the mean time, a female child born to them at Kovilpatti Hospital. While so, the first accused had intimacy with the second accused, who was working as Nurse in that hospital thereby, dispute arose between the second respondent and her husband. 2/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 The second accused/second respondent's husband filed a petition in H.M.O.P.No.169 of 2014 before the Sub Court, Kovilpatti and the same was withdrawn. While so, on 10.05.2015, at about 10.30 a.m, in the presence of accused Nos.3 to 10, second marriage was performed between A1 and A2 by tying Thali. After the second marriage, A1 and A2 lived together as arranged by A5 and A6. They also gave birth to a female child on 28.06.2017. Thereafter, the second respondent herein filed a petition before the learned Judicial Magistrate No.I, Kovilpatti, in Crl.M.P.No.4123 of 2024 and the same was forwarded to the respondent police. Based on the same, an FIR in Crime NO.7 of 2024 was registered for the offence under Section 498(A), 494 and 109 of IPC and after investigation, final report has been filed as against the accused and the same was taken on file by the trial Court in C.C.No.280 of 2024. The petitioners are the in-laws of the second respondent.
3.The learned Counsel for the petitioners would submit that the second respondent filed a petition against the petitioners and others before the learned Judicial Magistrate No.I, Kovilpatti, in Crl.M.P.No. 4123 of 2024. The learned Judicial Magistrate also without applying the judicial mind, simply forwarded the petition to the respondent police and 3/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 directed to register an FIR. The respondent police also without conducting proper enquiry, registered the present FIR and filed final report against the petitioners also. The petitioners have no nexus with the alleged occurrence. The second respondent married the first petitioner's son, namely, Murugan. The second respondent is working as staff nurse in a Government Hospital. After marriage, due to misunderstanding between them, the second respondent lived separately along with her parents from 2013 onwards. The second accused/second respondent's husband filed a petition in H.M.O.P.No.169 of 2014 before the Sub Court, Kovilpatti and the same was withdrawn after compromise arrived between the parties. In the mean time, the second respondent filed a case in D.V.C.No.21 of 2017 before the learned Judicial Magistrate No.II, Kovilpatti and the same was dismissed and now, an appeal is pending before the District and Sessions Court, Thoothukudi. While so, the second respondent used to lodge false complaints one after another and the petitioners also used to appear before the police stations and made statements and the same were closed. The second respondent also filed a petition in H.C.P.No.1379 of 2017 when her husband went to abroad for job and this Court also closed the same. In the mean time, the second respondent filed a complaint before the learned Judicial 4/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 Magistrate No.II, Kovilpatti, under Section 156(3) of Cr.P.C and the same was forwarded to the respondent police and without verifying the real facts, the first respondent registered the present FIR and filed final report. There are no any specific allegations against the petitioners and there is no proof to prove the marriage between A1 and A2 and the said marriage was solemnized by these petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the complaint filed by the second respondent against the petitioners before the trial Court the present FIR has been registered and after investigation, filed final report and the same has been taken cognizance in C.C.No.280 of 2024. There are specific allegations against the petitioners and the matter needs elaborate trial. Therefore, at this stage, the proceedings cannot be quashed and prayed to dismiss this petition.
5.The learned Counsel for the second respondent would submit that marriage was solemnized between the second respondent and the first accused. After marriage, he used to scold the second respondent by demanding dowry. In the mean time, a female child born to them at 5/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 Kovilpatti Hospital. While so, the first accused had intimacy with the second accused, who was working as Nurse in that hospital thereby, dispute arose between the second respondent and her husband. The second accused/second respondent's husband filed a petition in H.M.O.P.No.169 of 2014 before the Sub Court, Kovilpatti and the same was withdrawn. While so, on 10.05.2015, in the presence of accused Nos.3 to 10, second marriage was performed between A1 and A2 by tying Thali. Thereafter, the second respondent herein filed a petition before the learned Judicial Magistrate No.I, Kovilpatti, in Crl.M.P.No. 4123 of 2024 and the same was forwarded to the respondent police. Based on the same, an FIR in Crime NO.7 of 2024 was registered for the offence under Sections 498(A), 494 and 109 of IPC and after investigation, final report has been filed as against the accused and the same was taken on file by the trial Court in C.C.No.280 of 2024. Since the trial Court found prima facie material in this case, the final report has been taken cognizance. Therefore, it is a matter for trial and there are prima facie materials available against these petitioners. Hence, this petition is liable to be dismissed.
6.Heard both sides and perused the records.
6/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024
7.In this case, based on complaint lodged by the second respondent against the petitioners and others, before the learned Judicial Magistrate No.I, Kovilpatti, in Crl.M.P.No.4123 of 2024 and the same was forwarded to the respondent police, an FIR in Crime NO.7 of 2024 was registered for the offence under Sections 498(A), 494 and 109 of IPC and after investigation, final report has been filed as against the accused and the same was taken on file by the trial Court in C.C.No.280 of 2024. The petitioners have been arrayed as A4 to A8. The allegations against the petitioners are that A3 to A10 performed the second marriage to A1 and A2.
8.On perusal of records, it is seen that there are vague allegations against the petitioners that they performed second marriage to A1 and A2. Even as per the records, there is an averment that in the presence of petitioners the second marriage was solemnized. Except this allegation, there are no any other materials to prove that the petitioners performed the second marriage between A1 and A2. In order to attract the offence under Section 498A of IPC, there is no specific averment to prove the harassment made to the defacto complainant. To attract the provision 7/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 under Section 109 of IPC, no materials have been collected during the investigation and only based on the vague allegations, these petitioners have been included in this case. Except the single line in the FIR that in the presence of A3 to A10, A1 tied Thali to A2, no other material is available. Therefore, only because that these petitioners are in-laws, they are implicated in this case. Therefore, it is clear that family dispute has been converted into a criminal case. Therefore, pending proceedings are abuse of process of law.
9.Accordingly, the impugned proceedings in C.C.No.280 of 2024, on the file of the learned Judicial Magistrate No.I, Kovilpatti, are quashed as against the petitioners alone and this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.
23.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR 8/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 To
1. The Judicial Magistrate No.1, Kovilpatti
2. The State of Tamilnadu, Rep by the Sub Inspector of Police, Awps, Kovilpatti, Thoothukudi District..
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
9/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm ) Crl.O.P(MD)No.21450 of 2024 P. DHANABAL, J.
LR Crl.O.P(MD)No.21450 of 2024 23.04.2025 10/10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 01:14:04 pm )