LAWS(MAD)-2018-4-1641

SRIDHAR Vs. INSPECTOR OF POLICE

Decided On April 13, 2018
SRIDHAR Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This petition has been filed to call for the records in S.C.No.9 of 2016 on the file of the Assistant Sessions Court, Kancheepuram and to quash the charge sheet under Section 306 IPC.

(2.) The deceased Dinesh was married to Pushkalashree [A7] on 15.09.2013. Their marriage ran into rough weather, because the couple was not able to have conjugal relationship. The misunderstanding between them widened, resulting in Pushkalashree [A7] going back to her parental home. It is alleged that on 10.11.2013, Pushkalashree [A7], along with her family members, viz., A1 to A6 came to the residence of the deceased Dinesh and started abusing him in filthy language and also publicly insulted him, by calling him impotent. On 09.12.2013, Dinesh committed suicide by hanging, pursuant to which, the police registered a case in Cr.No.839 of 2013 under Section 174 Cr.P.C. and took up investigation of the case.

(3.) During the course of investigation, it came to light that from 10.11.2013 to 09.12.2013, Dinesh was subjected to continuous harassment by A1 to A7, which had resulted in his suicide. A diary that was maintained by the deceased Dinesh was recovered by the police, which vividly disclosed the harassment that was undergone by him continuously at the hands of A1 to A7. Therefore, the police altered the case in Cr.No.839 of 2013 from Section 174 Cr.P.C. to Section 306 IPC and after completing the investigation, filed a charge sheet against A1 to A7 in PRC No.50 of 2015 before the Judicial Magistrate No.I., Kancheepuram. Now, the case has been committed to the Court of Sessions in S.C.No.9 of 2016 and the trial is pending on the file of the Assistant Sessions Court, Kancheepuram. Challenging the prosecution, the accused have filed the present quash application.