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Judgment
This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for records in S.T.C.No.584 of 2010 on the file of the
Judicial Magistrate No.V, Tirunelveli and quash the same.
It is averred in the petition that the respondent, after initiation of divorce petition by the first petitioner has filed a private complaint as against the
petitioners in order to threaten and make them to run from pillar to post. The respondent already filed two complaints before All Women Police
Station, Tirunelveli and after due enquiry, both the complaints were closed as ''Action Dropped''. There is no specific allegation as against the
petitioners 2 to 6, to attract the penal provisions for the offences under Sections 294(b), 498(A) and 406 of I.P.C. and Section 4 of D.P.Act.
Therefore, the proceedings as against the petitioners are liable to be quashed.
The learned counsel for the petitioners contends that the present private complaint has been filed in order to take vengeance as against the
petitioners, subsequent to the initiation of divorce proceedings by the first petitioner as against the respondent. It is further contended that the
offences as alleged in the complaint are not made out and therefore, the proceedings as against the petitioners are liable to be quashed.
No representation on the side of the respondent.
Even in the complaint, it has been specifically stated that the respondent/complainant already gave two complaints before All Women Police
Station and after summoning the husband and respondent, advised them and closed the petitions believing the words of the petitioners. Closure of
the earlier complaints by the police does not debar the complainant from preferring any private complaint before the Judicial Magistrate.
Preferring private complaint making out a prima facie case for certain offences cannot be construed as an afterthought or filed in order to take
vengeance, only for the reason that it was filed subsequent to the initiation of divorce petition by the husband.
This Court perused the private complaint filed by the respondent. Prima facie offences alleged as against the petitioners are made out.
Therefore, this Court is of the considered view that there is no justifiable reason to quash the proceedings under the inherent jurisdiction of this
Court under Section 482 of Cr.P.C.
Therefore, this criminal original petition is dismissed.
Consequently, connected miscellaneous petitions are also dismissed.