O. S. MAIDEEN Vs. STATE

JUDGEMENT

(1.) This petition is filed to quash the FIR in Crime No.5 of 2020 dtd. 18/3/2020, on the file of the 1st respondent Police

(2.) The case of the petitioners is that A1 married the defacto complainant on 23/12/2018 and the marriage was registered before the Sub Registrar, Tenkasi on 8/1/2019. The first accused has filed a suit in O.S.No.27 of 2020, on the file of the District Court, Tenkasi for dissolution of marriage. The first petitioner is the father of the first accused, the second petitioner is the mother of the first accused, the third petitioner is the brother of the first accused, the fourth and fifth petitioners are the sisters of the first accused and the sixth petitioner is the wife of the third accused. The case against the petitioners is that the petitioners and A1 demanded Rs.2,00,000.00 (Rupees Two Lakhs only) as further dowry for expanding his business and all the accused threatened the defacto complainant that A1 will divorce the defacto complainant. They always insult defacto complainant and they would give food to the defacto complainant. A compromise effort was taken by the Jamath on 8/12/2019. On 13/2/2019 at about 05.30 p.m, all the accused abused the defacto complainant and scolded her and criminally intimidated her and hence, a case in Crime No.5 of 2020 under Ss. 147, 498(A), 294(b), 506(ii), of IPC and Sec. 4 of Tamil Nadu Prohibition of Harassment of Women Act and Sec. 4 of Dowry Prohibition Act was registered against all the accused.

(3.) On the side of the petitioners, it is stated that the petitioners are no way connected with the offence. The fifth petitioner, sister of the first accused is aged about 28 years and she gave birth to a female baby on 19/3/2020 and she was admitted in the hospital and she was discharged only on 23/3/2020. There is no possibilities for the fifth petitioner to have indulged in any offence on 18/3/2020.