P. ALBERT SAGAYA RAJ Vs. STATE

JUDGEMENT

(1.) This petition is filed seeking to quash the proceedings pending in C.C. No. 19/2011 on the file of Judicial Magistrate No. V, Vellore. The second respondent preferred a private complaint before the Judicial Magistrate No. V, Vellore on 21.09.2010. Pursuant to investigation, a final report in Crime No. 44/2010 was filed on 01.12.2010 under Sections 498(A), 294(b), 354 and 406 IPC and Section 4 of Dowry Prohibition Act and the case is now pending trial on the file of Judicial Magistrate No. V, Vellore. The matter was referred to the Mediation Centre of this Court and the report of the centre states that no amicable settlement was reached between the parties.

(2.) Heard Mr. Prabudoss, learned counsel for petitioners 1, 2 and 3. Mrs. Auxila Peter, learned counsel for petitioners 4 to 6. We have also heard the learned Additional Public Prosecutor for fifth respondent. Counsel for the second respondent/de facto-complainant is not present.

(3.) Learned counsel for petitioners 1 to 3 submitted that the list witnesses as per the charge sheet were the de facto -complainant, who is the wife of the first petitioner and her relatives; no independent witnesses have been examined; the de facto -complainant had taken away the children, deserted the petitioner and set up an independent residence on 21.07.2010. The first petitioner's sisters and brother-in-law, who were the petitioners 4 to 6 had never resided with the first petitioner and his wife viz., the de facto -complainant. The petitioners 4 to 6 are foreign nationals; the allegations against petitioners 4 to 6 and the first petitioner's parents/accused 2 and 3 are false and motivated.