R. GURURAJAN Vs. GIRISH G. D.

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.PC praying this Court to set aside the order dated 05.10.2019 issuing process against the petitioners and the same is registered as C.C.No.5638/2019 for the offences punishable under Sections 499 and 500 of IPC.

(2.) The factual matrix of the case is, that the complainants have filed the complaint against this petitioner who is the son in law of complainants 1 and 2 and brother-in-law of complainant no.3 with regard to exchange of e-mails between them. The learned Magistrate has proceeded to refer the sworn statement of the complainant and issued process vide order dated 05.10.2019. The learned Magistrate while issuing the process, has passed the following order:

(3.) Learned Counsel for the petitioner would submit that the e-mails are exchanged between this petitioner and the complainants. The same is not published and the same is inter se between the parties and the same does not attract the provisions of Sections 499 of IPC and also it does not constitute an offence under Section 500 of IPC. Learned Counsel would also submit that there was family dispute between this petitioner and his wife and in that connection, e-mails are exchanged between this petitioner and also the respondents herein. He submits that the marriage has been dissolved on 10.04.2018 and the present complaint is filed on 03.01.2018 during the pendency of the divorce petition. The learned Trial Judge has recorded the sworn statement of the witnesses subsequent to the divorce i.e., on 29.12.2018 and has not applied his mind as to whether the allegations made in the private complaint constitute the ingredients of Sections 499 and 500 of IPC.