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This Petition had been filed to quash the case in STC.No.419 of 2018 on the file of the learned Judicial Magistrate, Alandur. https://www.mhc.tn.gov.in/judis
2. The learned Counsel for the Petitioners submitted his arguments. As per his submission, the Petitioners are wife, mother-in-law and father-in- law of the Respondent herein/Complainant.
2.1. It is the contention of the learned Counsel for the Petitioners that the Respondent herein started living with another girl. Subsequently he married the girl viz., Lakshmisree on 09.04.2010 and in that relationship, a girl child was born on 21.01.2011. At that time, that woman came to know that the Respondent herein was already married and had contracted the second marriage. Therefore, she preferred a Complaint before Kalastri Police Station and subsequently FIR in Cr.No.66 of 2014 was registered and the Respondent was arrested for the alleged offences under Sections 493, 495, 496 and 417 of IPC. At that time, the Respondent/Complainant begged the Petitioners herein to release him on bail. Accordingly, the Petitioners herein had helped him to be released on bail. Subsequently, the Respondent started to ill-treat the first Petitioner. Therefore, the first Petitioner filed HMOP.No.78 of 2016 before the Family Court at Chennai and the same is https://www.mhc.tn.gov.in/judis pending, till date. The Respondent/Complainant filed a private Complaint before the learned Judicial Magistrate, Alandur. As per the averments in the private Complaint, the first Petitioner herein filed a case in D.V.C.No.09 of 2016 before the learned first Additional Family Judge at Chennai. It is the claim of the Respondent/Complainant that in the D.V.C.No.09 of 2016, the first Petitioner along with her parents had committed breach of trust and cheating. The learned Judicial Magistrate, Alandur had taken cognizance of the private Complaint as S.T.C.No.419 of 2018, it is an abuse of process of Court.
2.2. The learned Counsel for the Petitioners invited the attention of this Court to the allegations in the private Complaint. The learned Counsel for the Petitioners read out from the averments in the private Complaint that what are all stated in the private Complaint does not state the incriminating conduct of the Petitioners herein. What had been stated are subject matter to be filed as a Suit and a Civil dispute is converted into a criminal case. The private Complaint does not seek Police protection for the Respondent and his mother. Therefore, the private Complaint is without https://www.mhc.tn.gov.in/judis any specific averments regarding the Land Grabbing. The private Complaint is vague, the conduct of the learned Judicial Magistrate, Alandur having taken cognizance is without any legal basis. Therefore, the learned Counsel for the Petitioners seeks to quash the private Complaint in S.T.C.No.419 of 2018 on the file of the learned Judicial Magistrate, Alandur.
2.3. The learned Judicial Magistrate, Alandur had taken the Complaint only under Section 200 of Cr.P.C., and not under any of the specific offences in IPC. Therefore, issuance of process to the Petitioners herein is without any legal basis. The learned Counsel for the Petitioners invited the attention of this Court to the downloaded printed copy of the daily status wherein it is stated as “Business: Complainant present. On perusal of Complaint, sworn statement and statement of witnesses and documents, Prima facie made out only for offence u/s. 506 (I) IPC. Hence this case is hereby taken on cognizance u/s. 506 (I) IPC against R1 to R5/A1 to A5. Assign STC. No.419/2018. Issue summons to LW1 to 3 by 01.11.2018”. Therefore, he seeks to quash the Complaint in S.T.C.No.419 https://www.mhc.tn.gov.in/judis of 2018 on the file of the learned Judicial Magistrate, Alandur.
In the result, this Criminal Original Petition is allowed. https://www.mhc.tn.gov.in/judis The private Complaint in S.T.C.No.419 of 2018 on the file of the learned Judicial Magistrate, Alandur is quashed. Consequently, connected Miscellaneous Petition is closed.
13.06.2022 dh Index: Yes/No Internet: Yes/No Speaking Order/Non Speaking Order https://www.mhc.tn.gov.in/judis SATHI KUMAR SUKUMARA KURUP.,J.