LAWS(MAD)-2018-8-793

MURUGESAN Vs. VERNITHA

Decided On August 30, 2018
MURUGESAN Appellant
V/S
Vernitha Respondents

JUDGEMENT

(1.) This petition has been filed to quash the private complaint in C.C.No.222 of 2017 on the file of the learned Judicial Magistrate No.II, Nagercoil.

(2.) The petitioners are arrayed as A2, A3, A4 and A5 in the complaint. The first petitioner is the father-in-law, the second petitioner is the mother-in-law, the third petitioner is the sister-in-law and the fourth petitioner is the brother-in-law of the respondent.

(3.) A reading of the complaint reveals that the respondent and the first accused in the complaint were married on 28.09.2005 under the Hindu Riots and Customs. Thereafter, a child was born to the respondent. It is seen from the complaint that the respondent has been living in her parent's house right from the fourth month of her pregnancy at Nagercoil. It is the further case in the complaint that from the year 2007, the husband was working in Dubai and was sending Rs. 5,000/- towards maintenance to the respondent and after sometime, he stopped sending the maintenance and stopped calling the respondent and enquiring about the child. While so, in the year 2016, the respondent attended a function and found that the husband was very close with the sixth accused person and on enquiry found that the husband had married the sixth accused person when the first marriage with the respondent was still in existence. When this was questioned by the respondent, no responsible answer was given by the petitioners. It is the case of the respondent in the complaint that the petitioners instead of condemning the act of the husband, have instigated him to marry the sixth accused person and therefore, the life of the respondent and her child have become a big question mark. In the complaint, it is further stated that the respondent gave a complaint in this regard on 31.01.2017 and after enquiring both parties, the police have closed the complaint without taking any action. Therefore, the present private complaint has been filed against all the accused persons for the offence punishable under Sections 498(A), 494 r/w Section 34 of I.P.C.