General and unsupported allegations in matrimonial disputes cannot sustain criminal charges against relatives; specific acts must be demonstrated to justify prosecution.

ORAL ORDER

The petitioners/accused nos.2, 3 and 4 are before this Court calling in question registration of a crime in Crime No. 13 of 2024 registered for offences punishable under Sections 498A , 504, 506 and 149 of the IPC r/w Sections 3 and 4 of the Dowry Prohibition Act , 1961.

2. Heard Sri I. S. Pramod Chandra, learned counsel appearing for petitioners and Sri B.N.Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri Jayanth Kumar M, learned counsel appearing for respondent No.2.

3. The accused no. 1 Rahul Selvam and the complainant get married on 15-03-2021. The relationship between accused No.1 and the complainant appears to have floundered. On floundering of the relationship, the complainant registers a complaint before the jurisdictional police, which becomes a crime in Crime No. 13 of 2024 for the afore-quoted offences. The registration of the crime is what has driven the petitioners to this Court in the subject petition.

4. The relationship between the parties is that, the 2^nd respondent is the complainant. The accused no. 2 is the father- in-law, accused No.3 is mother-in-law and accused No.4 is the grandmother of the accused no. 1.

5. The learned counsel appearing for the petitioners would vehemently contend that a perusal at the complaint would indicate that all the offences are against the accused no.1, the husband, while there is nothing against these petitioners that would become the ingredients of Section 498A , 504 or 506 of the IPC . He would submit that accused no. 4 who is a resident at Coimbatore and now 74 years old is also dragged into these proceedings, only on the score that she has instigated the husband/accused No.1 to demand money. The learned counsel submits that the allegations against all the petitioners is instigation for commission of certain acts at the hands of the husband/accused No.1.

6. The learned counsel appearing for the 2^nd respondent/complainant would vehemently contend that the complaint is in detail. It pins down every overt act committed by every person and therefore, investigation in the least in the case at hand, must be permitted. The learned counsel would seek dismissal of the petition.

7. The learned Additional State Public Prosecutor appearing for the 1^st respondent would also submit that the matter is still at the stage of investigation and if permitted, the jurisdictional police would continue the investigation and may be a ‘B’ report could also be filed against these petitioners. Therefore, this Court should not interfere with the registration of the crime.

8. I have given my anxious consideration to the submissions made by the respective learned counsel for the parties and have perused the material on record.

9. The afore-narrated facts are not in dispute. The relationship between the parties is what is narrated hereinabove. The husband/accused No.1 is not before the Court. The relationship between the husband and the complainant turned sour 2 years after marriage and several proceedings galore against each other. One such proceeding is the subject complaint. A complaint comes to be registered before the jurisdictional police by the 2^nd respondent/complainant, which becomes a crime in Crime No. 13 of 2024. Since the entire issue has now sprung from the complaint, I deem it appropriate to notice the complaint. The complaint reads as follows:

A cursory perusal at the complaint would clearly indicate that all the allegations are against two persons. One the husband, the other the alleged paramour of the husband. The further contention is when the letters between the husband and the paramour was put before the parents, the parents did not take any action. Even the grandmother who stays in Coimbatore had instigated the husband to demand dowry and torture the complainant. Therefore, all these names spring in the complaint. Whether on these ingredients, the investigation should be permitted to be continued or otherwise is necessary to be noticed.

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