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2013 Supreme(Mad) 4121

High Court of Judicature at Madras
P. DEVADASS, J.
Muralikrishna
Versus
State (S.I. of Police) & Another
Crl.O.P. No. 13724 of 2013 & M.P. No. 1 of 2013
Decided On : 13-12-2013

Advocates:
Advocate Appeared:
For the Petitioner:A. Raghunathan, Senior Counsel T.I. Ramanathan, Advocate.
For the Respondents:R1, C. Emalias, Additional Public Prosecutor, R2, P. Haridas, Senior Counsel for K. Shakespeare, Advocate.

Headnote:

Dowry Torture - Extra-Territorial Operation of IPC - Section 498-A, 406 IPC - THOTA VENKATESWARLU (2011 (9) SCC 527), HARI SANKAR (2013-1-L.W. 121) - The court discussed the extra-territorial operation of the Indian Penal Code and the requirement of previous sanction of the Central Government to conduct the trial for offences committed outside India. It held that in case of a continuing offence committed in India and abroad, previous sanction of the Central Government is not necessary.

Fact of the Case:

The petitioner sought to quash criminal proceedings under Section 482 Cr.P.C. for offences under Section 498-A and 406 of IPC. The second respondent alleged dowry torture and criminal breach of trust by the petitioner and his parents. The petitioner contended that the allegations did not constitute the offences and that previous sanction of the Central Government was necessary for the trial.

Finding of the Court:

The court found prima facie evidence of dowry torture by the petitioner in India and USA. It held that the proviso to Section 188 of Cr.P.C., requiring previous sanction of the Central Government, did not apply in this case. Therefore, the trial against the petitioner was allowed to proceed.

Issues: The issues involved the sufficiency of allegations to constitute the offences, the requirement of previous sanction for extra-territorial offences, and the prima facie evidence of dowry torture by the petitioner.

Ratio Decidendi: The court held that in case of a continuing offence committed in India and abroad, previous sanction of the Central Government is not necessary. It also emphasized that a criminal prosecution cannot be quashed when there is a prima facie case of commission of cognizable offences.

Final Decision: The Criminal Original Petition was dismissed, and the trial against the petitioner and his parents was directed to proceed. The court also closed the connected Miscellaneous Petition.

JUDGMENT

1. Petitioner, who is A-1 in the calendar case in C.C. No. 1694 of 2012 pending on the file of learned XVIII Metropolitan Magistrate, Saidapet, Chennai, came forward with this petition under Section 482 Cr.P.C., to quash the entire proceedings in the said case.

2. On 05.04.2010, in Bangalore, Poonam (second respondent / defacto complainant) married Muralikrishna (petitioner/A-1), who is son of Hari Rao (A-2) and Shashikala (A-3). A-1's sister Lakshmi Subhashini (A-5) married Rupesh (A-4). A-4's close relative Balaji Rao arranged the marriage of second respondent with A-1. A-1 is working in USA. A-4 and A-5 are also living in USA.

3. Immediately after their marriage the second respondent and A-1 spend their days in A-1's house at No.5, Peters Road, Royapettah, Chennai 600 014. The second respondent discontinued her MBA studies. On 14.05.2010, second respondent went along with her husband to USA. On 05.12.2010, second respondent returned to her parents house in Bangalore. On 18.03.2011, she was sent back to USA to join her husband. Again, on 23.07.2011, on the ticket purchased by her father, second respondent returned to her parents' house. On 14.09.2011, second respondent lodged complaint as against A-1 to A-5 alleging that they have tortured her for more dowry and have also taken away her shridhana articles consisting of gold jewellery and many household articles. The first respondent, namely, the Sub Inspector of Police, W-23, All Women Police Station, Royapettah, Chennai registered a case in crime No. 6 of 2011 for offences under Sections 498-A and 406 of IPC. A-2 to A-5 were granted anticipatory bail by this Court.

4. Concluding his investigation, the second respondent filed the final report before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai showing A-1 as an absconding accused. The learned Magistrate took cognizance in C.C. No. 1694 of 2012 for offences under Section 498-A and 406 of IPC as against A-1 to A-5. On 10.01.2013, in Crl.O.P.No. 15524 of 2012, this Court quashed the proceedings as against A-4 and A-5. Now, the case is pending as against A-1 and his parents, namely, A-2 and A-3. A-1 alone came forward to this Court seeking quashment of the proceedings as against him raising certain grounds.

5. Mr.A.Raghunathan, the learned Senior Counsel for the petitioner made two fold submissions. The learned Senior Counsel contended that the allegations in the complaint do not constitute the offences alleged as against the petitioner. There is no details as to when, where the demand of dowry was made. So also the Sridhana articles were entrusted. Further, there is no allegation that A-1 demanded dowry and due to the failure to satisfy it, she has been harassed by the petitioner. The learned Senior Counsel further contended that the essential ingredient for the offence of cruelty as defined in the Explanation to Section 498-A of IPC is lacking in this case. Thus, the trial as against the petitioner /A-1 may not go.

6. The learned Senior Counsel for the petitioner also contended that the dowry demand and the torture were alleged to have been taken place in USA. In such circumstances, as per the proviso to Section 188 of Cr.P.C., previous sanction of the Central Government is necessary to try the offence under Section 498-A IPC alleged as against the petitioner. In this case, as on date, no such sanction was obtained. So with respect to the said offence as against A-1, now the trial could not be conducted.

7. In support of his said submissions, the learned Senior Counsel cited the following decisions:-

(i) THOTA VENKATESWARLU -Vs- STATE OF A.P. AND ANOTHER (2011 (9) SCC 527);

(ii) Judgment of the Andhra Pradesh High Court in Crl.P.No. 2976 of 2009 and 4921 of 2010, dated 01.03.2011 (RAJESH GUTTA -Vs- STATE OF A.P., AND OTHERS);

(iii) HARI SANKAR AND OTHERS -Vs- DEEPA LAKSHMI AND ANOTHER, (2013-1-L.W. 121).

8. On the other hand, Mr.P.Haridas, the learned Senior Counsel for the second respondent contended that the s




























































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