S. VANITHA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed by accused No.4 in C.C.No.267 of 2017 pending on the file of the learned Judicial Magistrate, Sivakasi to quash the proceedings pending against her.

(2.) The first respondent police registered a case based on the complaint lodged by the second respondent dtd. 1/3/2016 as against this petitioner and six others in Crime No.7 of 2016 for the offence under Sec. 498(A) IPC and Sec. 4 of Dowry Prohibition Act. After completion of the investigation, the respondent police filed a final report as against the petitioner and others under Sec. 498(A) IPC and Sec. 4 of Dowry Prohibition Act on 2/6/2017 and the same was taken on file by the learned Judicial Magistrate, Sivakasi in C.C.No.267 of 2017.

(3.) The case of the second respondent is that her marriage with the first accused one Veerabharathi was solemnised at Sivakasi on 15/9/2011 and at that time of the marriage, her parents gifted her 55 sovereigns of gold ornaments and 6 1/2 sovereigns to her husband Veerabharathi, apart from other usual household articles worth about rupees seven lakh. After the marriage they lived happily for three months. On 8/2/2012 at the instigation of other accused, her husband Veerabharathi demanded a sum of rupees two lakh for the purpose of doing business. Subsequently, on 10/3/2012, the accused went to the house of her parents and demanded the said amount. It is her further case that accused No.7 abused her, as if she his having relationship with others. While so, the second respondent's husband got job in Chennai on 5/4/2012 and thereafter, they were residing at Chennai in a rented house. Even at Chennai, on 28/4/2012 the accused visited her and demanded a sum of rupees two lakh as dowry. Since the second respondent became pregnant, the first accused left the second respondent in her parents' house on 5/11/2012 and used to visit her once is a month. Whenever he visited her house, he demanded the dowry amount. On 23/6/2013 the second respondent gave birth to a male child and thereafter, the first accused demanded rupees ten lakh at the instigation of the other accused that he was intending to act in cinema. Since the second respondent's parents did not pay the amount as demanded by the accused, she was left in her parents house and therefore, a panchayat was held on 25/5/2015, the accused insisted dowry amount and was not willing for any compromise. Thereafter, the second respondent lodged a complaint before the All Women Police Station, Sivakasi on 5/6/2015 and then filed a complaint before the learned Judicial Magistrate, Sivakasi and on the directions of the Court this case has been registered.