S. RAMYA Vs. STATE

JUDGEMENT

(1.) This petition has been filed by A3 seeking to quash the proceedings pending in C.C.No.40 of 2020 on the file of the Additional Mahila Metropolitan Magistrate Court, Egmore.

(2.) The case of the prosecution is that A1 was married to the defacto complainant in the year 2009. There was a matrimonial dispute between A1 and the defacto complainant and it was alleged that A1 and A2 who is the father of A1 were demanding for dowry and were causing cruelty to the defacto complainant. Thereafter, A1 and defacto complainant went to Dubai and were living there for some time. However, there was again a dispute and the defacto complainant was sent back to India. At the time when she returned back to India, she was pregnant and she delivered a girl child on 11/9/2011.

(3.) The defacto complainant later came to know that A1 is living with the petitioner (A3) after marrying her in the year 2017 and there was also a child born to the petitioner. The defacto complainant not being able to take the cruelty any longer, gave a complaint to the first respondent which resulted in the registration of an F.I.R. in Crime No.20 of 2018. The husband, his father and the petitioner were added as accused. On completion of investigation, final report has been filed before the Court below and the same was taken on file in C.C.No.40 of 2020. In so far as the petitioner (A3) is concerned, the Court below has taken cognizance for offence under Sec. 494 read with 109 of I.P.C. The petitioner has approached this Court seeking to quash the proceedings.