RAMKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition No.30 of 2018 is preferred against the order passed by the learned Sessions Judge, Magalir Needhimandram, Fast Track Mahila Court, Tiruvallur in Crl.MP.No.474 of 2017 in SC.No.233 of 2016.

(2.) The petitioner is the sole accused in Crime No.1213 of 2014, T-6 Avadi Police Station, under Section 174 Cr.P.C altered into under Section 4-B of The Tamil Nadu Prohibition of Harassment of Woman Act, 1998. The case of the prosecution is that the petitioner was compelling one Valarmathi, who is a distant relative, to marry him. He informed that Valarmathi is like a wife to him. He had also been telling that the deceased Valarmathi could not marry anyone else, except him and if she marries any one, he would inform the love affair between them to everyone and spoil her life. He repeatedly compelled and threatened Valarmathi to marry him. Due to the persisting threatening from the petitioner and left with no option, Valarmathi committed suicide on 24.10.2014 by consuming poison. Therefore, the petitioner is punishable for the offence committed under Section 4-B of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998.

(3.) It is submitted by the learned counsel for the petitioner that the materials collected by the investigation agency shows that the cause of death of the deceased Valarmathi could not be ascertained with certainty. Thus the prosecution could not establish that the death of the deceased was due to consumption of poison. There is also no material to show that the petitioner harassed the deceased and induced her to commit suicide. There is no material to prove the charge against the petitioner and therefore he has to be discharged from this case. The respondent filed a detailed counter stating that the petitioner was compelling the deceased, time and again, to marry him. When the love affair between them came to the knowledge of the brothers of the deceased they warned the deceased not to have any truck with the petitioner and therefore the deceased stopped talking to the petitioner. Despite that, petitioner started compelling and threatened the deceased to marry him. The deceased informed her mother about the continued torture given by the petitioner to marry him. On 23.10.2014, the petitioner again compelled the deceased to marry him and he threatened her that he would tell about their love affair if she marries anybody else, except him. He would also expose the love affair in public and spoil the life of the deceased. The deceased committed suicide only because of the harassment meted out to her by the petitioner. Therefore the respondent prays for the dismissal of the petition.