Sunday, November 2, 2014

Wife settles withdraws complaint @ Kerala, comes TamilNadu & files VERYSAME case HC refuses quash !!


Women get a second chance !!! all 5 accused have to run around courts !!


Excerpts
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* ".... for the very same allegation complaint before Cherpu Police Station, Kerala, subsequently, there was settlement and she withdrew legal procedures & after coming back to Tamil Nadu, lodged a complaint before Ponneri Police Station ..." !!!!
* The FIR cannot be quashed
* So all five accused have to run around courts !!


*****************************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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr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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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2014
CORAM:

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM

CRL.O.P.No.15534 of 2014
and M.P.No.1 of 2014

1.K.B.Kannan
2.Bhuvanadhas
3.Vilasini
4.Kavitha
5.K.K.Ajimon                                ..Petitioners
         vs.

1.State by Inspector of Police
   All Women Police Station
   Ponneri,
   Thiruvallur District

2.D.Gayathri                                ..Respondents


Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the Crime No.3 of 2013 on the file of Inspector of Police, All Women Police Station, Ponneri, the first respondent and quash the same.

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For Petitioners      :     Mr.J.Thilagaraj
For Respondent      :     Mr.C.Emalias, Additional Public Prosecutor
http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
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O R D E R

This Crl.O.P., has been filed praying to quash the FIR in Crime No.3 of 2013 on the file of Inspector of Police, All Women Police Station, Ponneri registered for the offences under Sections 498(A), 406, 506(I) IPC on 04.03.2013. T.S.SIVAGNANAM, J.

2. The only ground on which the learned counsel for the petitioners seeks to quash the FIR is that the second respondent, for the very same allegation gave a complaint before the Cherpu Police Station, Kerala, subsequently, there was settlement and she withdrew the legal procedures pending and after coming back to Tamil Nadu, she lodged a complaint before Ponneri Police Station. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

3. The FIR cannot be quashed on the ground contended by the petitioner. Hence, the Crl.O.P., is dismissed. It is open to the petitioners to raise all defences before the appropriate forum. Consequently, connected MP is closed.


To :

1.The Inspector of Police, All Women Police Station Ponneri, Thiruvallur District

2.The Public Prosecutor, High Court of Madras.


CRL.O.P.No.15534 of 2014


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A PDF copy of this judgment is posted online here http://1drv.ms/1uiOBNQ


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