R.JEEVA @ RAJESH Vs. STATE

JUDGEMENT

(1.) The accused 1 to 3 in CC.211/2012 on the file of the Judicial Magistrate No.1, Poonamallee, are the petitioners herein. This criminal revision is filed against the order made in CMP.No.3942/2012, thereby dismissing their petition for discharge from the alleged charges under Sections 498(A), 406, 506(i) IPC r/w 109 IPC.

(2.) Few facts, which are relevant for consideration herein are as follows: The petitioners herein are the husband and parents in -laws of the defacto complainant by name D.Nandhini, who is the second respondent herein. The marriage between the first petitioner and the second respondent was solemnized on 22.1.2007 at Chennai as per Hindu rituals, rites and customs. After marriage, the wife continued to live in her parents' house for continuing her studies and the husband was on visiting terms and she became pregnant and Valakappu function was held. While so, misunderstanding arose between the two and they started quarreling with each other, which compelled the first petitioner/husband to approach K4 Women Police Station and also compelled to issue legal notice on 29.1.2008 calling upon the wife to resume the matrimonial relationship and the same was replied by the wife. Then, the wife gave birth to female child. Even thereafter, the parties did not join together. The husband ultimately approached the court for dissolution of the marriage between the first petitioner and the second respondent in OP.3719/2008. The same was followed by the petition under Section 9 of the Hindu Marriage Act 1955 by the wife for restitution of conjugal rights in OP.3808/2008. Both the parties raised various allegations against each other in their respective petitions. The wife also came forward with a police complaint dated 21.2.2012 before the Assistant commissioner, All women Police Station, Vadapalani, Chennai against the husband and in -laws for their alleged acts of cruelty and criminal intimidation for complying with the demand of dowry. The same was registered in W27 All Women Police Station, Vadapalani FIR in Cr.No.11/2012 for the offences under sections 498A, 406 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The same was investigated and culminated as CC.No.211/2012 on the file of the Judicial Magistrate No.I, Poonamallee.

(3.) On service of summons, the accused 1 to 3 came forward with Crl.MP.No.3942 of 2012 for their discharge mainly on the ground that the materials available do not make out any case much less prima face case for the offences as referred to above and the offences are barred under limitation under section 469 Cr.P.C as the allegations narrated in the complaint are related to the year 2007 and there was no cordial relationship between the defacto complainant and the petitioners from 11.12.2007. The same was opposed by the prosecution by filing counter with serious objections to discharge A1 to A3 from the charges. The trial court dismissed the petition on the ground that there is prima facie offence made out against all the accused and there are lot of triable issues involved in this case. Hence, this criminal revision by the accused 1 to 3 before this court.