SENGUTTUVAN Vs. STATE

JUDGEMENT

(1.) THE defacto complainant Mrs. Tilagam, in this case, is the first petitioner's wife and the second petitioner's daughter. It is alleged by the defacto complainant that her marriage with the first petitioner took place on 03.02.1980, that daughters were born out of wedlock, that they are now 26 and 21 years old. THE petitioners herein who are the accused 1 and 2 submit that the defacto complainant had an illegal and adulterous life with one Rajendran, that the first petitioner filed H.M.O.P.No.1713 of 2005 before the II Additional Family Court, Chennai for divorce on the ground of adultery and cruelty and that the evidence on the petitioners' side in that case is over. While so, according to the petitioners, the defacto complainant, in order to prevent the second petitioner herein from giving evidence before the Family Court has lodged a false complaint before the respondent police herein against her husband and another under Sections 341, 323 and 294(b) of IPC. THE petitioners state that the averments made in the complaint do not make out any offence at all and hence it is an abuse of process of Court and is therefore pray that the proceedings, in C.C.No.19556 of 2005 on the file of XIV Metropolitan Magistrate, Egmore, may be quashed.

(2.) I have heard the Government Advocate (Crl. Side) and the averments made in the petition.