The High Court should not embark upon an enquiry into the reliability of evidence at the stage of invoking Section 482 Cr.P.C.

JUDGMENT

(Prayer:Criminal Original Petition filed under section 482 Cr.P.C., to call for the records in C.C.No.3686 of 2021 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.)

1. This Criminal Original Petition has been filed to call for the records in C.C.No.3686 of 2021 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. The learned counsel for the petitioner submitted that the petitioner is the husband of the 2nd respondent. He is an accused in C.C.No.3686 of 2021 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai. In pursuance of a complaint given by the 2nd respondent, a case has been registered by the first respondent police for the offence punishable under sections 498-A, 324, and 506(ii) IPC and Section 4 of TNPHW Act in Cr.No.7 of 2021. After investigation, the first respondent police filed final report in C.C.No.3686 of 2021 before the XVIII Metropolitan Magistrate, Saidapet.

3. The learned counsel for the petitioner further submitted that before the trial court, the petitioner filed an application in Crl.M.P.No.17389 of 2022 in C.C.No.3686 of 2021 to discharge him from the criminal proceedings in C.C.No.3686 of 2021, wherein, by order dated 28.4.2023, the learned trial judge discharged the petitioner/husband from the offences under sections 324 and 506(ii) IPC and u/s. 4 of TNPHW Act, but he took cognisance against the petitioner for the offence under section 498 A IPC. The ingredients constituting the offence under section 498A is not attracted in the materials produced by the prosecution. Further, there is no material and statement available on record to show the wilful conduct and cruelty committed on the part of the petitioner/ husband upon his wife. In the circumstances, in the absence of commission of any cruelty by the husband upon his wife, the offence under section 498A of IPC will not be attracted.

4. In support of his contentions, he relied upon the judgments of the Supreme Court reported in the following cases;

1. (2008) 15 Supreme Court Cases 582 (State of Andhra Pradesh vs. M. Madhusudhan Rao.

2. (2009) 10 Supreme Court Cases 604 (Bhaskar Lal Sharma and another Vs. Monica)

3. (2022) 6 Supreme Court Cases 599 (Kahkashan Kausar Alias Sonam and others Vs. State of Bihar and others) He further submitted that in the absence of any ingredients, to meet out the offence constituting under section 498 A IPC, it will be a mere misuse of provisions of Section 498A IPC and abuse of process of law, if the proceeding is allowed to continue. Hence by invoking 482 of Cr.P.C., the petitioner seeks to quash the criminal proceedings initiated against him in C.C.No.3686 of 2021.

5. The learned Govt. Advocate (crl.side) appearing for the respondent police submitted that in this case, the trial was commenced and so far, witnesses LW1 and LW3 were examined as PW1 and PW2 andthe case is posted for further examination of witnesses on 21.07.2023.

6. The learned counsel appearing for the 2nd respondent/defacto complainant submitted that the 2nd respondent wife is 80% partially disabled person. The petitioner/husband treated the 2nd respondent/wife cruelly and changed the places where the objects were kept in the house, thus caused hindrance to his wife, who is having partial blindness. He also poured oil on the floor of the kitchen which lead to injuries sustained on her leg. The revision petitioner has also made firing electric circuits that has given her shock and he also threw glass cups against his wife and children and thereby she sustained injuries. These acts amounts to clear activities of cruelty. Further whether it has been done unintentionally or not, has to be decided after letting in evidence before the trial court. In the circumstances, it is inappropriate to quash the criminal proceedings initiated against him.

7. He further submitted that now witnesses PW1 and 2 have been ex