Crl.R.C(MD)No.689 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 10.07.2023

Pronounced on : 19.10.2023

CORAM :

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

Crl.R.C(MD)No.689 of 2023

Arunchalam

.. Revision Petitioner /Complainant

Vs.

1.Selvaraj

2.Seethalakshmi

3.Palvannam

4.The State represented by,

The Inspector of Police,

Rajapalayam North Police Station,

Rajapalayam,

Virudhunagar District.

.. Respondents/Respondents

PRAYER: Criminal Revision filed under Section 397 r/w 401 of the

Criminal Procedure Code, to call for the records pertaining to the order dated

28.03.2023 passed in Crl.M.P.No.1840 of 2023 on the file of the learned

Judicial Magistrate, Rajapalayam and set aside the same.

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Crl.R.C(MD)No.689 of 2023

For Petitioner : Mr.V.Kathirvelu

Senior Counsel

for Mr.K.Prabhu

For Respondents : Mr.Mahaboob Athif

for Mr.M.Vivek Bharathi

for R1 to R3

Mr.P.Sivakumar

Government Advocate (Criminal side)

For R4

ORDER

This criminal revision has been filed against the order dated

28.03.2023 passed in Crl.M.P.No.1840 of 2023 by the learned Judicial

Magistrate, Rajapalayam.

2. The case of the prosecution is that the petitioner is the husband of

the deceased Ashwini. The petitioner married the said Ashwini on

14.11.2013. Out of the wedlock, they have two children. Due to some

difference of opinion between the husband and wife, she left the matrimonial

home and started residing with her parents in her parental home. She

committed suicide in her parental home on 21.12.2019. Therefore, the law

enforcing agency registered a case for the offence under Section 174 Cr.P.C.

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Crl.R.C(MD)No.689 of 2023

Subsequently, the same was altered into Section 306 Cr.P.C in Crime No.686

of 2019. After completion of the investigation, the Law Enforcing Agency

filed the final report against the petitioner as well as his parents. During the

investigation, the investigation officer seized the suicide note left by the

deceased and also collected other materials. Thereafter, the learned Judicial

Magistrate, Rajapalayam, took cognizance of the case under Section 306 IPC

against all the accused.

3. Thereafter, to quash the proceedings in P.R.C.No.24 of 2021 on the

file of the learned Judicial Magistrate, Rajapalayam, the petitioner and his

parents filed a petition before this Court in Crl.O.P(MD)No.19952 of 2021.

This Court, on considering the suicide note and other circumstances, vide

order dated 23.02.2022 allowed the quash petition in respect of the petitioner

alone and in respect of the remaining accused, the case was pending.

4. After the order passed in the quash petition, the petitioner made a

complaint to the law enforcing agency on 09.02.2023 alleging that his

in-laws namely, father of the deceased, mother of the deceased and brother of

the deceased are responsible for the death of his wife and he made a request

to take action against the in-laws namely, mother-in-law, father-in-law and

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Crl.R.C(MD)No.689 of 2023

brother-in-law of the petitioner. But, no action was taken by the respondent

police and hence the petitioner preferred a complaint under Section 156(3)

Cr.P.C before the learned Judicial Magistrate, Rajapalayam. The learned

Judicial Magistrate, after considering the delay in preferring the complaint,

dismissed the petition by giving a specific finding that in order to create a

fear psyche upon the witnesses, namely, the private respondents herein, the

petitioner filed the said petition without any bona fide intention. Further, the

allegation made in the petition is only for the purpose of causing humiliation

to the witnesses in the criminal case pending against the petitioner and his

family member