LAWS(MAD)-2009-7-19

K MAKUDAMUDI Vs. STATE

Decided On July 30, 2009
K.MAKUDAMUDI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This Criminal Original Petition is filed to quash the FIR in Cr. No. 249 of 2006 on the file of the learned Judicial Magistrate III, Coimbatore.

(2.) Few material facts, which are necessary for the disposal of this Criminal Original Petition, are given below: The petitioners 1 and 3 are the parents of the 2nd petitioner. The 2nd petitioner was married to Dr. Karthikeyan, son of the de facto complainant on 22.2.2004 and it is alleged that she was tortured mentally and physically by her husband and in laws with a demand of dowry and sent out of the matrimonial home. The 2nd petitioner had given a complaint against the de facto complainant Dr. Kalanidhi, his wife K. Kowsalya and son Dr. Karthikeyan and one Hari for dowry harassment before the Commissioner of Police, Chennai on 7.4.2005 and after investigation, CBCID Metro Wing has filed a final report on 8.2.2006 in C.C. No. 113 of 2006.

(3.) The de facto complainant, Dr. Kalanidhi has given the present complaint against the petitioners herein before the Commissioner of Police, alleging that some posters were found pasted in various places within the Coimbatore Medical College Hospital Campus and outside, depicting certain false complaints, personal derogatory remarks and baseless allegations against the de facto complainant. It appears that the said posters were in the name of a registered social organisation and said to have been printed at Mani Offset Printers, Kallakurichi under the banner of District Consumer Welfare Protection Peravai by its President V.Ramanatha Adigalar. The de facto complainant has alleged in the complaint that he has every reason to believe that the 2nd petitioner and her father, the 1 st petitioner are instrumental and have instigated such cowardly acts of defamation and mud slinging against the de facto complaint. On the basis of the said complaint, FIR had been registered in Cr. No. 249 of 2006, as against which, the petitioners have come forward with this Criminal Original Petition to quash the said FIR.