K SUBRAMANIAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners against whom the respondent has filed a charge sheet under section 498-A read with section 34, I.P.C., and under section 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the Act) read with section 34, I.P.C. invoke the inherent powers of this Court under section 482, Cr1. P.C., to quash the above proceedings.

(2.) Facts briefly are: On 13th September, 1985 the complainant Sarala (liar Suganiya presented a complaint before the 13th Metropolitan Magistrate, Egmore, Madras, against the petitioners, wherein she alleged that she was married to the first petitioner on 11th March, 1976 and petitioners 2 and 3 are his mother and sister respectively, that at the time of the marriage, the petitioners, in furtherance of a common intention, demanded dowry, gold jewels and silver articles from her and that subsequent to marriage they continued to demand the same and when she and her father, were not able to satisfy their demands, the petitioners harassed her, treated her cruelly and finally drove her away and had therefore, committed offences under section 498-A read with section 34, I.P.C., and also under the Act.

(3.) Learned Magistrate forwarded the complaint to the respondent, who registered it as Crime No. 2979/85 for an offence under section 498A, I.P.C., and after investigation filed the charge-sheet against the petitioners for the offences shown in paragraph 1 above. The above charge-sheet is now sought to be quashed. The contentions of Thiru A. Packiaraj, learned counsel for the petitioners were two-fold: