O R D E R

This Criminal Original Petition has been filed seeking to quash C.C.No.

54 of 2019, on the file of the Judicial Magistrate Court, Devakkotai, Sivagangai District, as against the Petitioners herein.

2. The learned counsel appearing for the Petitioners submitted that the Petitioners 1 and 2 are the parents of the husband of the Respondent and the Petitioners 3 and 4 are the sisters-in-law of the Respondent. The marriage between the son of the Petitioners 1 and 2 and the Respondent was solemnized on 26.02.2018. As per the complaint of the Respondent, at the time of marriage, the Petitioners had demanded 58 sovereigns of gold jewels, household articles worth of Rs.5,00,000/- and Rs.2,50,000/- in cash as dowry for their son, namely, Deepak. The second petitioner took the weight of the gold and found one sovereign deficit. He asked the Respondent/complainant to bring five more sovereigns of gold as additional dowry. All the accused persons often abused the Respondent. After marriage, the accused persons did not allow the Respondent to go to work. All the accused persons abused the Respondent using filthy language and attacked her. On 02.05.2015, Deepak, who is the husband of the Respondent and son of the Petitioners 1 and 2, left the Respondent at bus stand and went to abroad. Thereafter, the Respondent went to her parents' house and resided there. Later, she came to know that her husband had come back to India. At that time, the elders of the both the family tried to resolve the issue. On 20.05.2019, the husband of the Respondent came to the house of the Respondent's parents' house and demanded Rs.40,00,000/- and asked the properties of the Respondent's father. He abused the Respondent and attacked her.

3. It is the submission of the learned Counsel appearing for the Petitioners that the Respondent had filed a complaint with false allegations that the dispute between the son of the Petitioners 1 and 2 and the Respondent arose as the son of the Petitioners 1 and 2 did not take the Respondent with him abroad due to Visa problem. Instead of understanding the same, the Respondent had created a false case and thereby, exaggerated the dispute and had given criminal colour to a domestic dispute with malafide intention. She had roped in the innocent Petitioners.

4. The son of the Petitioners 1 and 2, namely, Deepak had filed a petition for restitution of conjugal rights in H.M.O.P.No.159 of 2019, seeking a direction against the Respondent to join him in matrimony. The Respondent wife refused to join him in matrimony. Instead, she filed a criminal complaint. The learned Counsel appearing for the Petitioners submitted that the second petitioner is a retired Army man, who fought for the Nation in Kargil War and was awarded for his excellent service rendered to the Nation. He had been falsely roped in this case. Further, he submitted that the Petitioners 3 and 4 had been residing separately. They too had been falsely roped in without any specific overt acts against them. Even according to the prosecution, there is no allegation against any of these Petitioners after 2018.

5.As per the Respondent's complaint, on 20.05.2019, her husband only demanded dowry and attacked her. The complaint is preferred only with malicious intention.

6.A bare reading of the complaint itself shows that no offence is made out against the Petitioners herein, namely, A2 to A5 and such continuation of the said proceedings against the Petitioners amounts to abuse of process of law. It is a classic case, where the beneficial piece of legislation to protect women from dowry harassment is being misused by the Respondent as defacto complainant. Therefore, the Petitioners had approached this Court seeking the inherent powers of this Court under Section 482 of Cr.P.C., to secure the ends of justice.

7.The learned Counsel appearing for the Petitioners relied on the ruling of the Hon'ble Supreme Court reported in 2022 Live Law (SC) 141, in the case of Kahkashan Kausar @ Sona