1. The petitioners who are father and son are arrayed as accused in case pending trial in C.C. No.1622 of 2010 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, seek quash of proceedings against them. In such case, they stand charged of offences u/s. 506(i) IPC and 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998. The offence u/s.506(i) IPC is said to be attracted, since these petitioners caused alarming obnoxious e-mails threatening kidnapping by hiring goondas to harm and rape the defacto complainant’s daughters. On allegations of causing untold hardship and mental harassment by means of obnoxious and threatening e-mails received by the defacto complainant, of the first petitioner not having shown any interest in having a normal marital relationship with his wife, who is the daughter of the defacto complainant, of subjecting her to huge embarrassment and mental torture by casting aspersions of her not being capable of having normal marital relationship and of her being mentally unsound and inept and harassing her to undergo medical tests, charge u/s.4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 is made.

2. The defacto complainant’s daughter and the first accused were married at Chennai on 23.11.2008. The couple set up residence at Bangalore but differences immediately arose. A complaint had been lodged by the wife of the first petitioner/ daughter of the defacto complainant before the Commissioner of Police, Bangalore complaining of dowry harassment in Cr.No.289 of 2009 under section 498A, 506 IPC and Section 3 of Dowry Prohibition Act on 17.6.2009. The defacto complainant had preferred a complaint before the Cyber Crime branch regarding the receipt of threatening e-mails, thought it appropriate not to pursue the same but to make an attempt at reconciliation keeping in mind the interests of his daughter, but on failure of such efforts, moved the Chief Metropolitan Magistrate, Egmore, who had directed investigation under section 156 (3) CrPC resulting in registration of Cr. No. 396 of 2009 and the filing of charge sheet. The first petitioner has moved an application for annulment of marriage before the Principal Judge, Family Court, Bangalore in M.C. No.1294 of 2009 on 25.05.2009 and on application for transfer in Transfer Petition No.848 of 2009, the Hon’ble Apex Court under orders dated 19.10.2009 was pleased to transfer the same to the First Additional Family Court, Chennai to be tried along with case pending in M.C No.302 of 2009 filed by the first petitioner’s wife/ defacto complainant’s daughter seeking maintenance.

3. Learned Senior counsel Sri. A.R.L. Sundaresan, appearing for the petitioners informed that a transfer petition has been moved by the wife of the first petitioner/ daughter of the defacto complainant before the Apex Court seeking transfer of the case arising out of the complaint in Cr. No. 289 of 2009, Commissioner of Police, Bangalore, (subsequently registered in FIR No. 129 of 2009 dated 01.07.2009 on the file of Basavanagudi Mahila Police Station, Bangalore, Karnataka) to the Court of the Chief Metropolitan Magistrate, Egmore, wherein the present case is pending trial. He submitted that in respect of the same allegations, giving rise to the present case, part of the investigation was conducted by the Bangalore police who had registered FIR. No.129 of 2009, for offences u/s. 498-A, 506 of IPC and section 3 of Dowry Prohibition Act. He would take this Court through the Section 161(3) statements of the witnesses, the pleadings of the defacto complainant in the transfer application now pending adjudication before the Apex Court and the reference to the e-mails therein to substantiate such contentions. He would state that the allegations relating to threat through e-mails, spoken of in the complaint of the petitioner giving rise to the present case formed the subject matter of the earlier complaint preferred by his daughter before the Bangalore