BOOMISEKARA PANOIAN Vs. MUTHURAMALINGAM AND OTHERS

JUDGEMENT

(1.) The petitioner, invokes the inherent powers of this Court under Sec. 482 Cr. P.C. for quashing certain proceedings pending against him. In Crl. M.P. No. 4947 of 1985, the petitioner against whom and others the respondent had filed a complaint, now pending before the Sub Divisional Judicial Magistrate, Ramanathapuram in C.C. No. 201 of 1985 for offences under Sections 494 and 494 read with 109 I.P.C. seeks quashing of proceeding in the above cases. In Crl. M.P. No. 4949 of 1985 the petitioner against whom the respondent had filed an application under Sec. 125 Crimial P.C. pending before the Sub Divisional Judicial Magistrate, Ramanathapuram in M.C. No. 16 of 1985 seeks quashing of the above proceedings.

(2.) Facts briefly are: The respondent had filed the private complaint as well as the application under Sec. 125 Crimial P.C. on the allegation that his sister Adhilakshmi, had been married to the petitioner on 7 - 6 - 1975 and a child was born to them and the petitioner later, acted cruelly towards her and drove her away and had married one Jothi abetted by others and had failed and neglected to maintain her and that, therefore the petitioner had committed an offence under Sec. 494 I.P.C. and the others an offence under Sec. 494 read with 109 I.P.C. On these allegations C.C. No. 201 of 1985 against the petitioner and others for the above offence has been filed, M.C. No. 16 of 1985 under Sec. 125 Crimial P.C. against the petitioner has been filed for maintenance. The petitioner seeks quashing the above proceedings.

(3.) Thiru K.R. Thiyagarajan, learned counsel for the petitioner urges the following grounds in support of his prayer: