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2017 Supreme(Mad) 2720
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHARATHIDASAN, J.
R.Bino Devakumar – Petitioner
Vs.
Seyathu Ali @ Sex Ali & Ors. – Respondents
Crl.R.C(MD).No.122 of 2009
Decided On : 12-07-2017
For the Petitioner: Mr.B.Brijesh Kumar
For the Respondents: M/s.N.Mohideen Basha, Mr.M.Saravanan
A complaint alleging abduction and rape cannot be maintained by a spouse against the other spouse. If any crime has been committed, it is for the victim to file a complaint. Bona fide is an important consideration in such cases.
Headnote:
Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) allows a Magistrate to direct the police to investigate a cognizable offense upon receiving a complaint. In this case, the petitioner filed an application under Section 156(3) seeking the registration of a complaint against the respondents for abduction and sexual assault. The court found that the petitioner had made his wife an accused in the complaint, which raised doubts about his bona fide. The court concluded that the petitioner could not maintain a complaint against his wife, and there was no prima facie case to direct the police to conduct an investigation and register the case.
Fact of the Case:
The petitioner filed an application under Section 156(3) of Cr.P.C. seeking direction to register a complaint against the respondents for abducting and sexually assaulting his mentally ill wife. The court below dismissed the application, suspecting the petitioner's bona fide. The petitioner challenged the dismissal in this revision. The court found no illegality or irregularity in the court below's order and dismissed the revision.
Finding of the Court:
The court considered the submissions of both parties and the materials on record. The petitioner's complaint alleged that the respondents abducted and raped his wife, but the court found that the petitioner had made his wife an accused in the complaint, which raised doubts about his bona fide. The court concluded that if any abduction or rape had occurred, it was for the wife to file a complaint, and the petitioner could not maintain a complaint against her. The court found no prima facie case to direct the police to conduct an investigation and register the case.
Ratio Decidendi: The court held that a complaint alleging abduction and rape cannot be maintained by a spouse against the other spouse. If any crime has been committed, it is for the victim to file a complaint. The court also emphasized the importance of bona fide in such cases.
Result: The criminal revision petition was dismissed.
1. Challenging the dismissal of the application filed under Section 156(3) of Cr.P.C., the present revision is filed.
2. The Petitioner has given a complaint against the against the respondents stating that the third respondent is his wife and due to some misunderstanding, the third respondent separated from the Petitioner and residing along with her children. She is a mentally ill person, taking advantage of the above, the first and second respondents abducted her along with two children and also have sexual intercourse with her by intoxicating her. The said complaint was filed before the Inspector of Police, Vadasery Police Station, Nagercoil. Since no action has been taken on the complaint, the Petitioner has filed an application under Section 156(3) of Cr.P.C., before the Court below seeking direction to register the complaint and the Court below dismissed the said application. Challenging the same, the present revision is filed.
3. I have heard the submissions Mr.B.Brijesh Kumar, learned counsel for the Petitioner and Mr.N.Mohideen Basha, learned counsel for the respondents 1 and 2.
4. The learned counsel for the Petitioner submitted that the third respondent is his wife and she is mentally ill and the respondents 1 and 2 taking advantage of the same, abducted her along with her children and went to Kanyakumari and have sexual intercourse with her forcibly and they are also creating some misunderstanding between the Petitioner and third respondent. When the complaint was given to Police, no action was taken. Hence the Petitioner filed an application under Section 156(3) Cr.P.C., to register the said case. The said application was dismissed by the learned Judicial Magistrate suspecting his bona-fide, which is not permissible under law.
5. The learned counsel for the respondents 1 and 2 submitted that admittedly the third respondent is living separately and the Petitioner has given a complaint against the respondents including his wife as third respondent. The learned Judicial Magistrate after considering the entire materials on record, suspected the bona-fide of the Petitioner and dismissed the application and that there is no illegality or irregularity in the order of the court below.
6. I have considered the rival submissions made on either side and considered the materials available on record.
7. The grievance of the Petitioner in the complaint is that the third respondent separated from him and living separately along with her children and she is also a mentally ill person. The respondents 1 and 2 abducted her along with children and intoxicated her and thereafter, raped her.
8. From the perusal of the records, it is seen that the Petitioner has given various complaints against the respondents herein. Even in the present complaint, he has made his wife as an accused. In the above circumstances, if at all any abduction or rape, it is for the third respondent to give a complaint and the Petitioner cannot maintain a complaint, that too, against the third respondent also. The Court below rightly suspected the bona-fide of the Petitioner. There is no prima facie case made out to give a direction to the Police to conduct an investigation and register the case. I find no illegality or irregularity in the order of the Court below warranting interference by this Court. Thus the revision fails.
9. Accordingly, the Criminal Revision Petition is dismissed.
