ORDER

This Petition has been filed to quash the case in S.C.No.6 of 2020 on the file of the learned District and Sessions Judge, Mahila Court, Coimbatore.

2. Mr.R.C.Paul Kanagaraj, learned Counsel for the Petitioners submitted his arguments. As per his submissions, the Petitioners are the Accused before the Court of the learned Sessions Judge, Fast Track Mahila Court, Coimbatore. As per the Prosecution, the first Petitioner and the deceased viz., Joshma were in love. The said Joshma studied from 7th to 10th at Chennai. At that time, the first Petitioner was residing in Coimbatore and used to visit his uncle and aunt at Mylapore and stayed with them. Thangameena who was a classmate of Joshma was a cousin to the first Petitioner. Joshma used to visit her friend Thangameena. Very often in the mean time, the first Petitioner developed love affair with Thangameena classmate viz., Joshma and in such a relationship Joshma became pregnant before marriage. Therefore, her parents approached the parents of the first Petitioner. The first Petitioner belongs to Nadar Community and Joshma belongs to Ezhava Community which was also a Backward Community from Kerala. After the marriage, Joshma was working in a school whereas the first Petitioner was a software professional and the Petitioners 2 and 3 are his parents. The marriage was performed on 27.05.2013 at Coimbatore. At that time, 10 sovereigns of gold was given as dowry and the first Petitioner's family had demanded Rs.20,000/- from the third Respondent who is the father of the Joshma for videography. In the year 2015, the Petitioners demanded cot and bed as dowry and further in the year 2019, they demanded Rs.2,00,000/-(Rupees Two Lakhs Only) from the third Respondent to redeem a property and thereafter also he demanded Rs.25,000/- from the third Respondent. Since the third Respondent/father of Joshma had not acceded to the dowry demand, she was subjected to harassment. Therefore, she committed suicide by hanging in the residence of Petitioners who was residing along with his Parents/Petitioners 2 and 3.

The father of Joshma/third Respondent preferred a Complaint with the first Respondent since within seven years of marriage, she had committed suicide by hanging. The case was registered in Cr.No.297/2017 for the offences under Sections 498(A), 304(B), 406 fo IPC and thereafter the same was cancelled and another FIR was registered under Sections 174(3) of Cr.P.C., and thereafter it was altered under Sections 498(A), 304(B), 406 of IPC and under Sections 4, 6(2) of Dowry Prohibition Act. After investigation, the final report laid before the Court of the learned Judicial Magistrate. After taking cognizance of the offences alleged in the final report by the Respondent by the learned Judicial Magistrate had the case to forward to the Court of the learned Sessions Judge, Fast Track Mahila Court where it was taken cognizance under Sections 498 (A), 304 (b) and 406 of IPC and numbered as S.C.No.6 of 2020.

2.1. The learned Counsel for the Petitioners further submitted that the wife of the first Petitioner/Joshma had written the suicide note and the third Respondent who was the father of the Joshma was aware of the same. He had suppressed it. The first Respondent/Complainant had received a false Complaint as if there is harassment of torture, proceeded with the investigation and filed the final report. The contents of the suicide note that no harassment or cruelty was attributed by the Petitioner towards the deceased. The copy of the suicide note had been produced by the third Respondent/Defacto Complainant himself while filing a Petition seeking custody of minor child viz., Lakshana, grandchild of the third Respondent and the daughter of first Petitioner and deceased Joshma who was aged 7 years at the time of death of Joshma.

2.2. It is the submission of the learned Counsel for the Petitioners that the deceased Joshma was serving as a teacher in private School, Coimbatore whereas the first Petitio