SANJAY KUMAR RATH Vs. STATE

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their names.

(2.) Sheela, aged 45 years, who is the respondent herein, is the wife of Sanjay Rath, aged 50 years, who is the petitioner herein. On a complaint lodged by Sheela, the police registered a case in Cr. No.1224 of 2016 on 06.06.2016 under Section 379 IPC against Sanjay Rath, for quashing which, Sanjay Rath is before this Court invoking Section 482 Cr.P.C.

(3.) It is the case of Sheela that she got married to Sanjay Rath in 1997 and they have two sons; she got estranged from Sanjay Rath and filed divorce proceedings in H.M.O.P. No.15 of 2014 in the Sub Court, Tambaram and the same is pending; she is the owner of a plot measuring 2,107 sq. ft. in Varadharajapuram Village, which according to her, she had purchased from and out of her own funds; on 23.06.2014, she had left the original title deeds of the said plot in her bike parked near Karaneeswarar Pagoda Street; when she came back, she found the bag containing the original title deeds missing; hence, she gave a complaint to the police on 30.06.2014, which was taken on file as complaint no.198 of 2014 under the head "missing documents" and the police issued a non-traceable certificate to her.; on the strength of the non traceable certificate, she sold the property to one Gajendran by a deed of sale dated 04.08.2014 registered as document no.6215 of 2014; on 07.08.2015, she was surprised to learn from the counter affidavit filed by her husband in M.C. No.14 of 2015 (maintenance case that was filed by Sheela Rath under Section 125 Cr.P.C. before the Judicial Magistrate Court, Tambaram) that he is having the original title deeds of the plot; thereafter, she lodged the present complaint alleging that he had stolen the original title deeds of the plot, based on which, the police have registered the present FIR, as stated above.