PERIYASAMI AND OTHERS Vs. S. NALLASAMY

JUDGEMENT

(1.) The present appeal is directed against an order passed by the High Court of Judicature at Madras on 28.08.2018 whereby an order passed by the District Munsif cum Judicial Magistrate [Magistrate] on 27.02.2015 dismissing an application under Section 319 of the Code of Criminal Procedure, 1973[Code] was set aside and the appellants were ordered to be impleaded as accused and to be proceeded against in accordance with law.

(2.) A First Information Report for the offences under Sections 147, 448, 294(b) and 506 of IPC was registered on 29.05.2011 in pursuance of an order passed by the High Court of Judicature at Madras on 26.05.2011 in a writ petition filed by S. Nallasamy [Complainant] giving direction to register the First Information Report.

(3.) The Complainant married to Thangamani in the year 1998. It is alleged that the wife of the Complainant would remain in her father's house generally and occasionally she would come to Saanarpalayam. They have a daughter named Loganithya. It is also mentioned that his wife filed a partition suit which was dismissed in view of compromise when his wife and daughter came to his house. But still, his wife used to pick up quarrel every day. The daughter was admitted in P.K.P. Swamy Matriculation School, Kalanipuram but the wife did not permit the daughter to write examination and left for Ellapayalayam. His mother-in-law, father-in-law and brother-in-law threatened that their daughter will not live with him and demanded Rs. 30 lakhs towards maintenance otherwise they will lodge a dowry case against him and his mother.