Friday, November 14, 2014

Every Dowry complaint NOT criminal. Madras HC refuses FIR / investigation in THIS case ; matri dispute so go to civil court !!



Excerpts :
".....From these allegations, what is made out is a matrimonial dispute which can be resolved only by the Civil Court and the said complaint does not warrant any investigation......" - Madras HC
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SPECIAL thanks to @ facebook user, thiru kavariman_rasa for this order

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.10.2014
CORAM : THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
Crl.OP No.28798 of 2014


Mukaambikai .. Petitioner
Vs
State by
The Inspector of Police,
All Women Police Station,
Sankari, Salem District. .. Respondent

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to register the FIR based on the petitioner's complaint dated 14.07.2014.

For Petitioner :Mr.S.Lakshmanasamy
For Respondents :Mr.M.Maharaja, Additional Public Prosecutor
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ORDER

Seeking a direction to the respondent police to register the FIR based on the petitioner's complaint dated 14.07.2014, the petitioner has come up with this petition.

2.I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and I have also perused the records carefully.

3.A perusal of the complaint would go to show that the marriage between the petitioner and her husband was celebrated on 14.06.2010. Now, after 4 years, the present complaint is made by the petitioner alleging that she has been harassed by her husband by demanding dowry.

4.From these allegations, what is made out is a matrimonial dispute which can be resolved only by the Civil Court and the said complaint does not warrant any investigation. Therefore, the Criminal Original Petition is dismissed however, with liberty to the petitioner to work out her remedies in the manner known to law.

27.10.2014

To

1.The Inspector of Police,
All Women Police Station,
Sankari, Salem District.

2.The Public Prosecutor,
High Court, Madras.


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist