M. PANNEERSELVAM Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.415 of 2019 on the file of the learned Judicial Magistrate-1, Tiruvallur, thereby taken cognizance for the offences under Sections 498A & 406 of IPC as against the petitioner.

(2.) The learned counsel would submit that the petitioner is a sole accused. Initially the second respondent herein lodged complainant on 20.06.2019 and the same was registered in Crime No.13 of 2019 for the offences under Section 498A, 406 & 506(i) of IPC as against four accused persons. After completion of investigation, the first respondent filed final report for the offences under Sections 498A & 406 of IPC as against the petitioner alone. The allegations are that the marriage took place between the petitioner and the second respondent on 26.06.2015 and at that time of marriage, the second respondent was presented 50 sovereign of jewels, 11/2 Kg silver articles and other house hold articles by her parents. After their marriage, they lived in the mother-in-law's house only for 10 days and thereafter shifted their residence to Kerala, since her husband was working at Kerala. Thereafter, the family members of the petitioner harassed her and also demanded huge dowry to live with her husband. In fact, they also hided the petitioner herein and refused to live with the petitioner herein. On 07.08.2016 the defacto complainant was driven out from the matrimonial house. Thereafter on 24.08.2016, the petitioner issued notice for seeking divorce to the second respondent herein. All the accused persons are threatened her to give consent for divorce between the petitioner and second respondent. Further alleged that the gold jewels and also silver articles have been under custody of her in-laws and demanded huge dowry to re-union between the petitioner and the second respondent.

(3.) Per contra, the learned counsel appearing for the second respondent/defacto complainant filed counter and submitted that other proceedings pending between the petitioner and the second respondent are not impediment for her to lodge this complaint for the offences committed by the petitioner herein. The offence under Section 498A of IPC is a continuous offence and cause of action arose even immediately after the marriage between the petitioner and the second respondent. The family members of the petitioner harassed the second respondent by demanding huge dowry. Till the lodgement of the complaint, there was harassment by the petitioner and his family members demanding huge dowry from the second respondent and her family members.