The court emphasized reconciliation in matrimonial disputes, allowing bail and quashing the FIR to promote harmony between the parties.

JUDGMENT :

M.Nirmal Kumar, J.

The Appellant / A1 filed the present Appeal praying to set aside the order dated 09.08.2024, passed in Crl.M.P.No.21553 of 2024 by the learned Special Judge at Chennai, Under SC & ST (Prevention of Atrocities) Act, Principal Sessions Court, Chennai and to enlarge the appellant on bail.

2. Mr.S.Arivazhagan, the learned counsel appearing for the Appellant would submit that the appellant was arrested by the 2^nd Respondent Police on 26.07.2024, for offence under Sections 498(A) and 406 of IPC ., and Sections 3(1)(s) and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , in Crime No.22 of 2024. To enlarge on bail, the appellant filed bail petition in Crl.M.P.No.21553 of 2024 before the learned Special Judge/Principal Sessions Judge, Court of the Special Judge at Chennai under SC & ST (Prevention of Atrocities) Act and the same was dismissed vide impugned order, dated 09.08.2024. Against which, the present Appeal.

3. Earlier, when the matter is taken up for hearing, this Court on 27.08.2024 had passed the following order:

"The learned counsel for the victim girl filed typed set which shows the plight of victim girl and submitted that the victim girl hails from a marginalized community. The victim girl is an Engineering graduate completed Electronic Communication Engineering in Annamalai University. The victim girl came in contact with the appellant through Facebook, thereafter, on his promise that he would search a good job in Chennai, she came from her native to Chennai. In Chennai, the appellant befriended with the victim girl and also had physical contact. In the guise of marriage, invitation printed and the marriage also registered. It was not a proper marriage and only a cover up for exploitation. The jewels of 15 sovereigns, cash of Rs.4,00,000/- and certificates of the victim girl retained by the appellant. Earlier, the victim girl lodged a complaint, but no action taken, hence she lodged a complaint to the National Commission for Scheduled Castes and Scheduled Tribes and Tamil Nadu Women Commission. After the communication from the National Commission for Scheduled Castes and Scheduled Tribes to the Commissioner of Police, some movement was there, but that too, was not immediate. The victim girl had to approach the Commissioner of Police on several occasions on short intervals. Finally, FIR in Crime No.22 of 2024 registered as though it was a matrimonial dispute for offence under Sections 498(A) and 406 IPC and Sections 3(1)(s) and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w Section 67 of the Information Technology Act, 2000 .

2.The learned counsel further submitted that the victim girl produced the Muthoot Finance bills to show pledging of jewels immediately after three days of registration of the marriage and on short intervals. Whenever the victim girl approached the appellant's parents and family members for return of jewels and certificates, she was chased out, threatened and harassed. He further submitted that, as per Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , it is the endeavour of the State Government to appoint a person in the cadre of Deputy Superintendent of Police after taking into account of his past experience, sense of ability and justice to perceive the implications of the case, in the present case, the same was not followed. After registration of FIR, charge sheet to be filed within a period of sixty days and after filing of charge sheet, the Special Court to complete the trial within a period of two months, as per Section 14(2) of the Act.

3. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 seeks small accommodation to report with regard to the status of the case, action taken against the other named persons in the FIR, steps taken to recover the jewels and certificates of the victim girl.

4. The learned counsel for the