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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.VICTORIA GOWRI
Kanagarathinam Thangammal – Appellant
Versus
State represented by The Inspector of Police – Respondent
ORDER :
L.VICTORIA GOWRI, J.
This Criminal Original Petition has been filed seeking quashment of the final report in C.C. No.511 of 2020 on the file of the learned Additional Mahila Court, Madurai.
2. The learned counsel for the petitioners submitted that the petitioners are arrayed as Accused Nos.2 to 5 and they have been falsely implicated in the case. The marriage between the defacto complainant and the son of the first petitioner was solemnized on 27.12.2018 at Pattabiram. It is stated that the marriage was an arranged one, and at the time of marriage, the parents of the defacto complainant had given 35 sovereigns of gold jewellery, cash of Rs.3,00,000/- and household articles. It is further stated that the family of the defacto complainant had spent more than Rs.4,00,000/- towards the marriage expenses.
3. According to the prosecution, despite the same, the petitioners treated the defacto complainant with cruelty, demanded additional dowry, and subjected her to domestic violence and physical abuse, which ultimately resulted in matrimonial discord. It is alleged that, at the instigation of the petitioners, the defacto complainant was forcibly sent to her parental home on 08.03.2019
The court confirmed the sufficiency of evidence for charges under IPC and Dowry Prohibition Act, emphasizing the role of trial courts in assessing such matters.
The court emphasized the need for evidence in dowry harassment cases and the requirement for trial in cases with pending litigations.
Criminal proceedings may be quashed under S. 482 of the CrPC when the FIR and charge sheet contain no specific allegations or evidence of criminal intent or acts against the accused, rendering the pr....
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