Rajeevi v. The Superintendent of Police

ORDER This Criminal Original Petition has been filed by the defacto complainant to transfer the investigation in Crime No.1387 of 2020 dated

14.12.2020 on the file of the 4th respondent to the 3rd respondent or any other superior officer within the District.

2.The case of the prosecution is that the marriage between the petitioner and one Muthuraj @ Aravind was solemnized on 01.12.2019 and at the time of marriage, 57 sovereigns of gold jewels were presented by the parents of the petitioner along with seedhana articles. Prior to the marriage, during the betrothal function on 15.09.2019, a sum of Rs.3,00,000/- (Rupees Three Lakhs Only) was also given by the parents of the petitioner as Dowry and a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand Only) was spent for betrothal. After the marriage, the petitioner came to know that the said Muthuraj is a sexual maniac and on 28.12.2019, the petitioner had seen the said Muthuraj in an embarrassing position with his mother. Further, on 31.12.2019, on the pretext of meeting a friend, the said Muthuraj had taken the petitioner to a room, wherein the friends of the said Muthuraj were in an inebriated mood and the petitioner was compelled to stay therein and sensing trouble, the petitioner had left the room.

3.It is the further case of the petitioner that as she was put to much cruelty and harassment, she left the matrimonial home on 09.02.2020. Thereafter, the family members of the said Muthuraj had threatened the petitioner not to disclose the character and conduct of the said Muthuraj to anyone. Further, the said Muthuraj had sent obscene message by morphing the photographs of the petitioner through Face book. Therefore, the petitioner made a complaint on

14.12.2020, which was registered in Crime No.1387 of 2020 for the offences punishable under Sections 498(A), 294(b) IPC and Sections 67 & 67-A of Information Technology (Amendment) Act, 2008. Till date, there is absolutely no progress and later, the petitioner came to know that the Deputy Superintendent of Police, Othakadai Sub-Division is the relative of the said Muthuraj. Therefore, the petitioner seeks for transfer of investigation from the file of the 4th respondent to the file of the 3rd respondent.

4.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that the accused had filed CRL.O.P.(MD)No.12129 of 2021 to quash the First Information Report in Crime No.1387 of 2020. During the pendency of the said petition, the parties had entered into compromise. Therefore, this Court, by an order dated 16.11.2021, quashed the First Information Report in Crime No.1387 of 2020.

5.In view of the above, nothing survives for further adjudication in this matter. Accordingly, this Criminal Original Petition is closed.

21.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MYR To:

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Othakadai Sub Division, Madurai District.

3.The Inspector of Police, Cyber Crime Cell, South Kovil Street, Madurai, Madurai City.

4.The Inspector of Police, Oomatchikulam Police Station, Madurai, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K.RAMAKRISHNAN, J MYR Dated:

21.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023 CORAM: THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Rajeevi ... Petitioner/ Defacto Complainant -Vs- 1.The Superintendent of Police, Madurai District, Madurai. 2.The Deputy Superintendent of Police, Othakadai Sub Division, Madurai District. 3.The Inspector of Police, Cyber Crime Cell, South Kovil Street, Madurai, Madurai City. 4.The Inspector of Police, Oomatchikulam Police Station, Madurai, Madurai District. (Crime No.1387 of 2020) ... Respondents / Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying this Court to withdraw and transfer the investigation in Crime No.1387 of 2020 dated 14.12.2020 on the file of the 4th respondent herein to the 3rd respondent or any other superior officer within the District. For Petitioner : Mr.K.Veilmuthu For Respondents : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)