LAWS(MAD)-2019-11-121

JAINAM Vs. STATE

Decided On November 01, 2019
Jainam Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in J.C.No.46 of 2016 on the file of Juvenile Justice Board, Dindigul and quash the same as illegal as against the petitioner.

(2.) The case of the prosecution is that there are totally six accused, in which, this petitioner is arraigned as A5. The defacto complainant married one Asraf Ali, who is none other than the brother of the petitioner and after the marriage, the husband of the defacto complainant and her in-laws have demanded additional dowry and in order to the same, she was subjected to harass and ill treated by her husband and in-laws and she was forced to consume some toxic medicines and ultimately, she was forcibly evicted from her matrimonial home and the defacto complainant was admitted in hospital for treatment. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner submitted that on the basis of the said complaint, the 1st respondent registered a case in crime No.465 of 1999 for the offences under Sections 498(A), 307, 406 and 120(b) of I.P.C. and after completed the investigation, the 1st respondent filed the final report and the same has been taken cognizance in S.C.No.65 of 2001 by the learned Assistant Sessions Judge cum Chief Judicial Magistrate Court, Dindigul and since A5 was a minor at that time, her case has been split up and taken on file in J.C.No.45 of 2016 by the Juvenile Justice Board, Dindigul. After trial, in the case in S.C.No.675 of 2001, the 1st accused, who is the husband of the defacto complainant was convicted and other accused, who are in-laws of the defacto complainant were acquitted vide judgment dated 10.11.2010. The trial Court acquitted the other accused on the ground that the prosecution did not prove the case beyond reasonable doubt.