ORDER

This criminal original petition has been filed to quash the proceedings in CC.No.40 of 2020 on the file of the learned Additional Mahila Court, Chennai taken cognizance for the offences under Sections 498(A), 313 & 494 of IPC as against the petitioners.

2. The case of the prosecution is that the de-facto complainant's marriage with the first petitioner was solemnized on 02.07.2009 at Arulmighu Vinayagar Temple, R.S.Puram, Coimbatore on the file of the Sub Registrar, Sembium. The complainant was living with her husband in Dubai. At that time, the second accused, who is the father of A1, called the complainant and told her to bring dowry from her parents. Hence, in the month of February, 2010, the complainant's parents conducted reception at Radhapark Hotel and gave 150 sovereigns to the complainant and Gold, Diamond Ring, Gold bracelet, Chain totally 14 sovereign of gold to A1 as dowry. Thereafter, various harassments she had sustained. One of the harassment happened on 05.04.2010. At the instigation of A2, the de-facto complainant aborted her fetus of 45 days at Soorya Hospital, Vadapalani. Thereafter, she got a female child on 11.09.2011. After 3 months, the complainant, A1 and their minor child went back to Dubai, where she was subjected to various harassments and she was physically assaulted many times. Finally, the complainant and her child came back to India on 18.04.2013. In the mean time, A1 had refused to hand over all the educational certificates of the complainant. Further, A1 filed HMOP No.274 of 2015 before the Learned Sub Court, Poonamallee for divorce, in which the Learned Judge was pleased to order interim maintenance of Rs.20,000/- per month and the same was not paid. In the meantime, A1 married one, Ramya i.e. A3 illegally and gave birth a male child. Even during the subsistence of the legally valid marriage between the complainant and A1, A3 married A1. Hence, the complaint. On receipt of the said complaint, the first respondent registered FIR in crime No.20 of 2018 for the offences under Sections 498(A), 313 & 494 of IPC. After completion of investigation, final report was filed for the offences under Sections 498(A), 406, 313, 494 and 109 of IPC.

3. The learned counsel for the petitioner would submit that the petitioners are arrayed as A1 and A2. The first petitioner is the husband of the second respondent and the second petitioner is the father in law of the second respondent. The first petitioner and the second respondent got married on 02.07.2009. However, their marriage was already registered on 24.05.2009 since they fell in love and got married. Immediately after their marriage, they went to Dubai and were living there in the year 2010. The second respondent returned to India and lodged complaint as against the petitioner. The said complaint was registered in crime No.506 of 2010, against which quash petition was filed. While pending the quash petition, the first petitioner and the second respondent compromised the issue and filed affidavit before this Court. On the said compromise, FIR was quashed by this Court. Thereafter, they again went to Dubai and they gave birth to a female child on 11.09.2010. Once again she deserted the first petitioner and returned to India. Immediately, she lodged complaint under the Domestic Violence Act in DVAC.No.21 of 2016 on the file of the learned Judicial Magistrate, Ambattur. Subsequently, it was dismissed by the learned Judicial Magistrate, Ambattur by an order dated 09.03.2018. After dismissal of the said complaint, for the very same set of allegations, once again the second respondent lodged complaint on 13.10.2018. The present complaint itself is barred by limitation since it has been lodged after five years from returning to India. She had all along stayed in her parents' house and as such, no question of harassment or any other allegations as against the petitioners. The complaint was also filed after dismissal of the Domestic Violence Complaint.

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