S.PALANIVELU
Irwin Moses & Others – Appellant
Versus
The State, Rep. by the Sub-Inspector of Police, Arakkonam Town Police Station, Arakkonam, Vellore District & Others – Respondent
In both the petitions, the parties are same. First petitioner is the husband of second respondent, who is the de facto complainant in both the cases. Other petitioners are family members.
2. On 18.01.2005, there was a scuffle between the family members, in which the petitioners are reported to have hurled filthy language at second respondent, besides assaulting her. Hence, a case under Sections 294 (B), 323 and 325 IPC came to be registered in Crime No.96 of 2005 on the file of Arakkonam Town Police Station. Subsequently, after investigation, charge sheet was laid against the petitioners for the offences under the above said Sections.
3. On 23.01.2005, the second respondent lodged another complaint with the police, alleging that the first petitioner, her husband, was perpetrating cruelty on her and that she gave birth two children, one male and one female, through the first petitioner, by means of wedlock; in the year 2003, the first petitioner contacted second marriage with fifth petitioner by name Aruna; on 28.03.2004, she delivered a female child and since there was a demand of dowry and matter of bigamy, a case was registered in Crime No.2 of 2005 under Sections 49
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