BABY Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) BY consent of both sides, the matter has been taken up for final hearing. The petitioners herein, who have been arrayed as A.2 and A.3 in C.C. No. 225 of 2009 on the file of the learned Judicial Magistrate No. 1, Thiruppur, seek for a direction to call for the records relating to the above said calendar case and to quash the same.

(2.) FACTUAL aspects involved are briefly outlined below for better appreciation. The 2nd respondent herein is the wife of one Shanmuga Raja and the petitioners herein are her in-laws. The marriage between the said Shanmuga Raja and the 2nd respondent took place on 26.4.2004 and out of the wed-lock, the 2nd respondent gave birth to a male child on 24.2.2005. It is alleged by the 2nd respondent/de facto -complainant that her husband used to drink and assault her demanding money and jewels as dowry.

(3.) ON the contrary, Mr. S. Arivazhagan, the learned counsel for the de facto-complainant would submit that only at the instigation of the petitioners, the husband committed the offence under Section 498-A IPC and the actuality or otherwise of the allegations have to be gone into and decided only in the course of trial and therefore, proceedings need not be interfered with at this stage.