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CASE NO.:

Appeal (crl.) 904 of 2004

PETITIONER:

Y. Abraham Ajith & Ors.

RESPONDENT:

Inspector of Police, Chennai & Anr.

DATE OF JUDGMENT: 17/08/2004

BENCH:

ARIJIT PASAYAT & C.K. THAKKER

JUDGMENT:

J U D G M E N T

(Arising out of SLP(Crl.)No. 4573/2003)

ARIJIT PASAYAT, J.

Leave granted.

Appellants call in question legality of the judgment rendered by

a learned Single Judge of the Madras High Court whereby the appellants’

prayer for quashing proceedings in CC 3532 of 2001 on the file of the

Court of XVIII Metropolitan Magistrate Saidapet, Chennai, by exercise

of powers under Section 482 of the Code of Criminal Procedure, 1973 (in

short the ’Code’) was rejected. Background facts sans unnecessary

details are as follows :

Respondent no.2 as complainant filed complaint in the Court of

the concerned magistrate alleging commission of offences punishable

under Sections 498A and 406 of the Indian Penal Code, 1860 (in short

the ’IPC’) and Section 4 of the Dowry Prohibition Act, 1961 ( in short

the ’Dowry Act’). The magistrate directed the police to