PADMAVATHY Vs. KUMARASAMY

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records and quash the proceedings in C.C.No,2893 of 2006 pending on the file of V Metropolitan Magistrate, Egmore, Chennai. The petitioner has filed the above Criminal Original PETITION No.15452 of 2007 to call for the records in C.C.No,2893 of 2006 on the file of V Metropolitan Magistrate, Egmore, Chennai and quash the same.

(2.) THE respondent/husband states as follows: THE respondent/husband has filed C.C.No,2893 of 2006 against his wife/petitioner herein on an alleged offence under 409 r/w. 420 IPC. THE respondent contended in his complaint that he married the petitioner on 03.02.1984 and he had two children through his wife. Further, the respondent is an engineer by profession and he worked in various places like Chennai, Mumbai, Hyderabad and Sudan. THE respondent had entrusted 36 sovereigns of gold ornaments to the petitioner/wife due to love and affection. On the petitioner's inducement, the respondent sent huge amounts of money to her name periodically for investment in profitable deposits to improve the financial position of the complainant. THE sum total of the money sent amounted to Rs.20,00,000/-.

(3.) THE petitioner has contended in her petition that as the petitioner's father had helped the respondent in all aspects, the respondent was able to complete his studies. Subsequently, the petitioner's father decided to give the petitioner to the respondent in marriage. Accordingly, the marriage was celebrated. After marriage, difference of opinion arose between the respondent and petitioner. Even then, both lived as husband and wife in Chennai and various other places. Out of their wedlock, two children were born. THE petitioner has made out lot of allegations about the respondent's brother in that his brother attempted to misbehave with her for sexual contact. THE petitioner had further alleged that due to continuous harassment of the petitioner, she left the marital home and had forcibly joined her parents. Regarding the dispute between them, the petitioner filed M.C.No,274 of 2003 before the Family Court, Chennai. THE petitioner had also filed O.P.No.1996 of 2003 for divorce. THE Respondent filed O.P.No.1674 of 2004 for restitution of conjugal rights. Now, the respondent has filed C.C.No,2893 of 2006 against the petitioner for an alleged offence under Section 409 and 420 IPC.