TMI Blog2010 (3) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... ike this the High Court ought to have allowed the provisions of the Code of Criminal Procedure referred to above its full play. - Criminal Appeal No. 574 of 2010 [Arising out of SLP(Crl.)No.3562 of 2009] - - - Dated:- 22-3-2010 - D. K. Jain And C. K. Prasad,JJ. JUDGMENT Hon. C. K. Prasad, J. Leave granted. 1. The appellant-wife aggrieved by the order dated 29th September, 2008 passed by the High Court of Judicature at Madras in Criminal O.P. No. 23473 of 2008, whereby it had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code, has preferred this appeal seeking special leave to appeal. 2. Shorn of unnecessary details, the facts giving rise to the present appeal are that the appellant-wife K. Neelaven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Indian Penal Code. 5. Accused persons namely respondent Nos. 2 to 13 filed petition before the High Court for quashing the charge sheet under Sections 406 and 494 of the Indian Penal Code, inter alia, contending that in the absence of any material to show that quot;the second marriage was duly performed with religious rites and essential ceremonies quot; charge sheet under Section 494 of the Indian Penal Code is fit to be quashed. It was, further, contended that allegations made in the First Information Report and the materials collected during the course of investigation do not fulfill the ingredients of offence under Section 406 of the Indian Penal Code. Aforesaid submissions found favour with the High Court and it had quashed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the materials collected during the course of investigation. He submits that in case the allegations made in the First Information Report and the materials collected during the course of the investigation are taken into account, same constitute an offence under Section 494 of the Indian Penal code. It has further been pointed out that gold ornaments and household articles were given to the husband and she was driven out from the matrimonial home on a refusal to consent for abortion. Accordingly, Mr. Guru Krishna Kumar submits that allegation in the First Information Report and the materials collected during the course of investigation clearly constitute offences under Sections 406 and 494 of the Indian Penal Code. 7. Mr. R. Shunmugasundar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterials collected during the course of the investigation are required to be considered. Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of trial. Essential ceremonies of the Marriage were gone into or not is a matter of trial. 9. From what we have said above, we are of the opinion that the High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code. 10. It seems that accused persons approached the High Court for quashing of the charge sheet even before any order was passed by the Magistrate in terms of Section 190 of the Code of Criminal Procedure. In our opinion, when a repor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reasons for so doing. It seems that the accused persons even before the case had reached that stage filed an application for quashing of the charge sheet under Sections 406 and 494 of the Indian Penal Code. In our opinion, the High Court ought not to have interfered after the submission of the charge sheet and even before the Magistrate examining as to whether the accused persons deserved to be discharged in terms of Section 239 of the Code of Criminal Procedure. 12. There is yet another reason which the High Court ought to have considered before qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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