UMARANI Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed seeking to quash the proceedings in C.C.No.28/2017 pending on the file of the Judicial Magistrate, No.I, Thanjavur.

(2.) The second respondent gave a complaint against the petitioners on the ground that there is a child out of the wedlock between the third petitioner and the second respondent and the petitioners are not allowing the second respondent to keep the child and sleep along with her. When this was questioned, the petitioners had abused her and therefore, according to the second respondent, the same amounts to harassment and therefore, an offence under Section 498(A) IPC. The first respondent police registered an FIR in Crime No.07/2016 against the petitioners for offence under Sections 498(A) and 109 IPC and after completion of the investigation, a final report came to be filed before the Judicial Magistrate, No.I, Thanjavur and the same was taken on file in C.C.No.28/2017.

(3.) The learned counsel for the petitioners submitted that even if the allegations made in the final report are taken to be true, the same will not attract the offence under Section 498(A) IPC. The learned counsel further submitted that the child is now in the custody of the second respondent and the second respondent has initiated criminal proceeding only with a view to harass the petitioners and the entire proceeding is an abuse of process of Court.