This petition has been filed to call for the records relating to the C.C.No.137 of 2013 on the file of Judicial Magistrate Court, Sivakasi and quash the same as illegal.

2. Initially, this quash petition was filed by the petitioners through their counsel M/s.Ajmal Associates and during the pendency of the quash petition, the petitioners have revoked the vakalath given to M/s.Ajmal Associates and Syed Mohammed / 4th petitioner herein appeared in person with authorization from other petitioners.

3. During the course of hearing, this Court observed that Syed Mohammed / 4th petitioner herein requires legal assistance and therefore, this Court requested Mr.A.Prasanna Rajadurai, Advocate to appear pro bono for the petitioners and adjourned the case to today.

4. This Court heard Mr.A.Prasanna Rajadurai, Advocate, Mr.Syed Mohamed / Party-in-person, Mr.Ayyanar Premkumar, learned counsel for the defacto complainant and Mrs.S.Prabha, learned Government Advocate (Crl.Side) for the State and reserved orders.

5. It is seen that Thameema / 2nd respondent (defacto complainant) got married to Kaleel Ahamed Sahib / 1st petitioner (A1) on 10.05.2009 and their marriage ran into rough weather. Thameema lodged a complaint sometime in January, 2012 before the Sub-Inspector of Police, All Women Police Station, Madurai Town, alleging the acts of cruelty against her husband and in-laws. The Police called both parties for enquiry. During enquiry, the couple agreed to reunite and establish a separate household. Thameema gave a letter dated 01.02.2012 to the Sub-Inspector of Police, All Women Police Station, Madurai Town, wherein she has stated that she is willing to join her husband and that the jewellery, which was given to her during marriage are in the custody of her parents. She withdrew the complaint given by her. Thereafter, again some dispute arose between the couple on account of which Thameema lodged a fresh complaint on 07.07.2012 before the Sub-Inspector of Police, All Women Police Station, Madurai Town. Since the Police did not take any action, she filed a petition in Crl.O.P.(MD) No.9676 of 2012 under Section 482 Cr.P.C. before this Court for a direction to the Police to register an FIR on her complaint. Pursuant to the order passed by this Court, the Sub-Inspector of Police, All Women Police Station, Madurai Town, registered a case in Crime No.8 of 2012 on 18.08.2012 under Section 498(A) IPC and Section 4 of Dowry Prohibition Act against her husband and in-laws.

6. Subsequently, for lack of territorial jurisdiction, the FIR was transferred to the file of All Women Police Station, Sivakasi, where the case was re-registered as Crime No.6 of 2013. The Sivakasi Police referred the matter to the District Social Welfare Officer for enquiry. The enquiry report dated 01.04.2013 by the District Social Welfare Officer clearly states that the dispute is purely a matrimonial dispute and there is no material to infer that the accused had demanded dowry. However, the respondent police filed a final report in C.C.No.137 of 2013 before the learned Judicial Magistrate, Sivakasi against all the four petitioners for offences under Sections 498(A) and Section 4 of Dowry Prohibition Act.

7. Mr.A.Prasanna Rajadurai, learned counsel appearing for the petitioners submitted that the same allegations were made by the defacto complainant in the 1st complaint that was filed before the All Women Police Station, Madurai and during enquiry, she has categorically stated that she is ready to live with her husband in a separate household. She has also stated that her jewellery are with her parents. Thereafter, when the 1st petitioner pronounced Triple Talaq before Ramanathapuram District Shariath Council in Case No.41 of 2012 on 15.09.2012, the defacto complainant has revived her previous complaint, resulting in the Police filing the impugned final report.

8. On the contrary, Mr.Ayyanar Premkumar, learned counsel for the defacto complainant submitted that there are sufficie