ORDER

This Criminal Original Petition has been filed to quash the proceedings in CC.No.471 of 2019 pending on the file of the learned Chief Judicial Magistrate of Puducherry taken cognizance for the offences under Sections 498A, 377 r/w 34, 354-A(3) of IPC and Section 4 of Dowry Prohibition Act, 1961 in crime No.3 of 2018 on the file of the first respondent /

police , as against the petitioner.

2. Based on the complaint dated 08.05.2018 of the second respondent, FIR in crime No.3 of 2018 was registered by the first respondent against the petitioner and his family members. Thereafter, on 20.03.2019, a final report had been filed before the learned Chief Judicial Magistrate, Puducherry under Sections 498A, 377 r/w 34 of IPC and Section 4 of Dowry Prohibition Act, 1961 and the learned Chief Judicial Magistrate Court, Pondicherry took cognizance of the same in CC.No.471 of 2019.

3. The petitioner has been charged for the offence under Sections

498A, 377 r/w 34 of IPC and Section 4 of Dowry Prohibition Act, 1961, since immediately after the defacto complainant's marriage from 08.06.2017, all the accused persons joined together with common intention and the first accused started to have unnatural sex with the defacto complainant and subjected her under cruelty by harassing her by demanding dowry in the form of immovable property and cash.

4. The learned counsel for the petitioner would submit that the petitioner got married the second respondent on 08.06.2017. After marriage, he came to understand about her first marriage and she got divorced. The petitioner had no physical relationship with the second respondent and their marriage itself remained as a non consummated marriage. Immediately, the petitioner got separated from the second respondent. Therefore, the petitioner filed petition for declaration that their marriage as null and void in HMOP.No.64 of 2018. Immediately on receipt of the summons from the Family Court, the second respondent lodged complaint on 23.09.2017 with false allegations. On the said complaint, the Dowry Prohibition Officer was appointed and he had conducted enquiry. He submitted detailed report dated 20.11.2017 to the Deputy Director cum Dowry Prohibition Officer. In the said report, it seems to be no dowry demand or dowry harassment from the family members of the petitioner herein. Based on the said report, complaint laid by the second respondent was closed. Again, the second resondent with malafide intention to harass the petitioner as well as the entire family members of the petitioner, lodged complaint before the Police Complaint Authority, Puducherry. The Police Complaint Authority directed the first respondent to register the case by the communication dated 26.03.2018. Accordingly, the first respondent registered FIR in crime No.3 of 2018 for the offence under Sections 498A, 377 of IPC r/w 34 of IPC and Section 4 of Dowry Prohibition Act. The second respondent also filed complaint under the Domestic Violence Act in DVC.No.8 of 2018. The other family members of the petitioner filed quash petition before this Court in Crl.OP.No.22917 of 2018 to quash the complaint lodged under the Domestic Violence Act and the same was allowed by this Court by order dated 14.03.2019. Thereafter, the second Protection Officer also enquired the complaint levelled as against the petitioner and as per the report dated 08.05.2018, the trial court i.e. Judicial Magistrate-III, Pondicherry dismissed the domestic violence complaint by order dated 21.09.2020. The trial court concluded that there was absolutely no dowry harassment by the petitioner or his family members. In the meanwhile, the first respondent completed investigation and filed final report and the same has been taken cognizance in CC.No.471 of 2019 on the file of the Chief Judicial Magistrate, Puducherry.

4.1. The learned counsel for the petitioner would further submit that the charge under Section 377 of IPC is untenable when the marriage itself is a non consummated