MATHESH Vs. STATE

JUDGEMENT

(1.) The petitioners before this Court are accused Nos. 2 and 3 in C.C. No. 366 of 2015 on the file of the learned Judicial Magistrate No. 1, Karur and they have filed this petition to quash the proceedings pending as against them in C.C. No. 366 of 2015, which was initiated based on the complaint lodged by the second respondent as against this petitioners and another for the offence punishable under Ss. 498A, 109 and 506(i) IPC.

(2.) According to the second respondent / defacto complainant, the first accused, one Shanmugam @ Samuvel is her husband and the marriage between them was solemnised on 18/1/2011 and it was an arranged marriage. Her husband / the first accused was running a Company by name 'Joy Coach' at Karur. The second accused / first petitioner herein is the Driver cum Assistant for the first accused. The third accused / second petitioner herein is having illegal intimacy with the first accused.

(3.) The case of the defacto complainant is that the second accused had acted as an agent in between the first and the third accused and also interfered in the administration of the Company. When the defacto complainant raised questions, he intimidated that she must adjust with him, otherwise, he would sever the relationship between her and her husband. Moreover, in order to continue his illegal relationship with the third accused, the first accused had sent the complainant to her parents' house, as if he is having more work in the Company administration and it would be appropriate for the complainant to reside at Chennai. According to the complainant, the first accused has not even attended any phone calls, but has filed a divorce application in order to continue his relationship with the third accused. When the complainant called the third accused over phone, the third accused had also intimidated that even before the marriage, they are in relationship and if she objected their relationship, then she has to face the consequences. Therefore, the defacto complainant has lodged the present complaint before the Inspector of Police, All Women Police Station, Karur, on 12/8/2015 and the same was registered in Crime No. 19 of 205. The first respondent police, in conclusion of the investigation, has also filed the final report as against the petitioners and the first accused / defacto complainant's husband for the offence punishable under Ss. 498A, 109 and 506(i) IPC on 28/9/2015. Aggrieved over the same, the petitioners are before this Court.