Madras High Court directs, The Inspector of Police to recover the money and gold and hand over to the petitioner even there are pending cases.
TITLE: C. Sivaraja Vs. The Superintendent of Police.
Decided On: September 11, 2023.
Writ Petition (MD) No.18635 of 2021.
CORAM: Hon’ble Mr. Justice N. Nirmal Kumar.
Facts:
The marriage between the petitioner and the third respondent was solemnized on 25.01.2021 at Nilakottai. The marriage was initiated by his wife’s family. Prior to the marriage, there were frequent meetings between them. During one such meeting, the third respondent informed that her parents were unable to arrange for money to celebrate the marriage function and hence, requested the petitioner to assist by giving Rs.5,00,000/-, which was received by the respondents 5 and 6 on 02.12.2020. After receipt of Rs.5,00,000/-, the marriage was solemnized on 25.01.2021. At that time, the petitioner’s father. given 10 sovereigns of gold chain and ½ sovereign of Mangalsutra to the third respondent and the petitioner’s father incurred an expenditure of Rs.3,62,000/-. Three days after the marriage, the third respondent went to her house for writing B.P.Ed. Examination and informed that she would return back within few days. On the contrary, the third respondent and her family members lodged a false complaint against the petitioner suppressing the real facts. Hence, the petitioner sent a petition, regarding the false complaint lodged by the third respondent.
The petitioner has filed this Writ Petition seeking to take action against the respondents 3 to 7, who are his wife and in-laws, for threatening and cheating him and his parents, a sum of Rs.5,00,000/- and 10 ½ sovereigns of gold chain and to recover the same from them, based on his complaint, dated 26.04.2021.
Legal Analysis and Decision:
The Cases are pending on both the petitioner and the 3rd respondent in the cases in Crime Nos. 10 of 2022 and 16 of 2022 had been registered against both of them and their family members. Now, investigation has been completed. Crime No.10 of 2022 registered against the petitioner and four of his family members for the offences under Sections 498(A), 406 and 506(ii) I.P.C., is taken on file as C.C.No.597 of 2022, by the learned Judicial Magistrate, Nilakottai. Crime No. 16 of 2022 registered for the offences under Sections 406, 420 and 506(i) I.P.C. against the respondents 3 to 7 is taken on file as C.C.No.402 of 2022 by the learned Judicial Magistrate, Nilakottai. Both the cases are pending trial before the learned Judicial Magistrate, Nilakottai. The 3rd respondent filed a petition in H.M.O.P.No.110 of 2022 for divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955 before the Principal Sub Court, Dindigul and the same is pending.
This Writ Petition has been filed seeking a direction to the second respondent to take action against the respondents 3 to 7 for threatening and cheating the petitioner and his parents a sum of Rs.5,00,000/- and 10 ½ sovereigns of gold chain and further direction to the second respondent to recover the same from them and hand over it to the petitioner, based on his complaint date 26.04.2021, which is much prior to the registration of the criminal cases against both the groups. The court left it open to the parties to put forth their contentions before the Trial Court in the pending cases.
Conclusion:
Even though there are pending cases before the trail court the Madras High Court directed, The Inspector of Police, All Women Police Station, Nilakottai to recover the Rs.5,00,000/- and 10 ½ sovereigns of gold chain and hand over it to the petitioner as the petitioner complained prior to filing a case.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.