IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.03.2026 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.7875 & 17629 of 2023 and Crl.MP.Nos.5022 & 11556 of 2023 Crl.OP.No.7875 of 2023 E.Singarajan ... Petitioner Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District (crime No.18 of 2023)

2.A.Myla ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to quash the FIR in crime No.18 of 2023 registered for the offences under Sections 294(b), 498-A, 494 and 109 of IPC pending on the file of the first respondent, All Women Police Station, Hosur, Krishnagiri District.

For Petitioner : Mr.C.Munusamy for Mr.P.Sivamuruganantham For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

For R2 : Mr.M.P.Saravanan Crl.OP.No.17629 of 2023

1.G.Esakkimuthu

2.E.Kalaiarasi

3.E.Sornamail ... Petitioners Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District (crime No.18 of 2023)

2.A.Myla ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records and to quash the FIR in crime No.18 of 2023 registered for the offences under Sections 294(b), 498-A, 494 and 109 of IPC pending on the file of the first respondent, All Women Police Station, Hosur, Krishnagiri District.

For Petitioners : Mr.C.Munusamy for Mr.P.Sivamuruganantham For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

For R2 : Mr.M.P.Saravanan

COMMON ORDER

Both the criminal original petitions have been filed to quash the proceedings in crime No.18 of 2023 registered for the offences under Sections 294(b), 498-A, 494 and 109 of IPC pending on the file of the first respondent

2. The second respondent lodged complaint before the first respondent alleging that she married the first accused on 07.06.2012. During their marriage, her parents presented 75 sovereigns of jewels, Rs.2,00,000/- cash and other seedhana articles. They lived for two years happily. They gave birth to a female child on 18.07.2013. However, the first accused failed to visit the child and only after ten months, visited her house. Thereafter, he used to harass the second respondent to the core. Thereafter, he refused to live with the second respondent demanding dowry. Thereafter, the first accused also filed petition for divorce in HMOP.No.70 of 2017 and the same dismissed on 04.06.2018. Even then, the first accused did not take any step to take the second respondent to the matrimonial home. While being so, all the family members scolded the second respondent and refused to permit her to enter the matrimonial house. On the complaint, the first respondent registered FIR in crime No.18 of 2023 for the offence punishable under Sections 294(b), 498-A, 494 and 109 of IPC.

3. The learned counsel for the petitioners would submit that due to misunderstanding, even from the year 2014, they were separated and the second respondent did not go to matrimonial house even after repeated request made by the first accused. Therefore, the first accused had no other to file a petition for divorce in HMOP.No.70 of 2017 on the file of the Sub Court, Hosur. Though it was dismissed, the second respondent refused to go to matrimonial home. Thereafter, the second respondent lodged complaint and the same was closed by the first respondent. Once again, the second respondent filed a private complaint before the Judicial Magistrate-II, Hosur. On receipt of the same, the learned Judicial Magistrate directed the first respondent to conduct enquiry and to submit report. After enquiry, the first respondent submitted report stating that the first respondent had absolutely no jurisdiction to enquiry into the complaint. On receipt of the said report, the learned Judicial Magistrate-II, Hosur closed the complaint on 29.11.2022. Therefore, suppressing those facts, straight away complaint has been filed once again by the second respon