KANNAMMAL Vs. STATE

JUDGEMENT

(1.) The petitioners are Accused Nos.2 and 3 and they are the parents of Accused No.1 and they have been charged for the offences punishable under Sections 498(A) and 506(i) of the Indian Penal Code. To quash the said criminal proceedings initiated against the petitioners in C.C.No.128 of 2016 on the file of the learned Judicial Magistrate No.II, Virudhunagar, the present petition has been filed.

(2.) The case of the prosecution is that the defacto complainant got married to Accused No.1 in this case. Earlier, the defacto complainant got married to one Vadivel Murugan. Thereafter, she got divorce from the first husband and married Accused No.1 and they were living separately, and out of their wedlock, they have also got a female child. After sometime, Accused No.1 in this case quarrelled with the defacto complainant and he wants to marry another lady. At that point of time, the defacto complainant approached the petitioners herein for reunion with Accused No.1, and they have refused to do that and also criminally intimidated her, hence, the complaint has been filed. Subsequently, after investigation, final report has been filed and the learned Jurisdictional Magistrate has taken cognizance of the offence, now, to quash the same, the present petition has been filed.

(3.) The learned counsel appearing for the petitioners submitted that from the perusal of the entire materials, it could be seen that absolutely, there is no prima facie case made out against the petitioners either for the offence under Section 498(A) of the Indian Penal Code or for the offence under Section 506(i) of the Indian Penal Code. From the materials, it could also be seen that Accused No.1 and the defacto complainant married on their own volition and were living separately and there is no allegation that the petitioners herein have demanded dowry or harassed the defacto complainant. Even for the offence under Section 506(i) of the Indian Penal Code also, there is absolutely no prima facie material available on record. Therefore, the learned counsel prays to quash the proceedings.