EMMIMA Vs. PUELA

JUDGEMENT

(1.) THE petitioner/second accused, who is the first wife of the first accused in C.C.No.477 of 2007 on the file of the learned Judicial Magistrate, Tambaram is facing trial for the alleged offence under Sections 494 r/w.109 IPC, on the complaint lodged by the respondent/first wife.

(2.) THE petitioner has filed the above criminal original petition seeking to quash all further proceedings in C.C.No.477 of 2007.

(3.) THE learned counsel for the petitioner further submitted that in the complaint, it is alleged that at the time of marriage, the complainant was given 17 sovereigns of gold articles by her father and it was misappropriated by the first accused and in spite of notice, the same was not returned and thereafter the first accused committed an offence under Section 406 IPC. In the complaint, it has also been stated that the second accused, the petitioner herein had the knowledge of the marriage of the complainant and hence she conspired with A1 for the marriage of the complainant and therefore, the petitioner,A-2 is liable for the offence under Section 494 IPC r/w 109 IPC. THE learned counsel submitted that on a consideration of the averments contained in the complaint and the sworn statement of the complainant, the learned Magistrate being satisfied that only an offence under Section 406 and 495 IPC alone are made out, took cognizance under Sections 406 and 495 IPC only.