1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2011 CORAM: THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN Crl.O.P.(MD)No.5409 of 2011 and M.P.(MD) Nos.1 & 2 of 2011 1.Vinoth Jeba Asir 2.Suja 3.Gabriel 4.Prabha 5.Rani ... Petitioners Vs. State: 1.Rep. by The Inspector of Police, All Women Police Station, Nagercoil,Kanyakumari District. (Crime No.10/2010). 2.Nansi Reena ... Respondents Prayer: The Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the C.C.No.78 of 2011 on the file of the learned Judicial Magistrate No.II, Nagercoil and quash the proceedings as against the petitioners herein. For Petitioners : Mr.S.Deenadhayalan For Respondents : Mr.L.Murugan Govt. Advocate (Crl.Side) O R D E R This petition is filed to quash the proceedings against the petitioners in C.C.No.78 of 2011 on the file of the learned Judicial Magistrate No.II, Nagercoil. 2. It is submitted by the learned counsel for the petitioners that the petitioners were charged for the offence under Sections 498(A), 406 IPC and Section 3, 4 and 6 of Dowry Prohibition Act. 3. It is further submitted by the learned counsel for the petitioners that the first petitioner is the husband and the second petitioner is the mother-in-law and the petitioners 3 to 5 are the relatives of the petitioners 1 & 2. 4. It is submitted by the learned counsel for the petitioners that though the witnesses have stated due to dowry harassment and demand of dowry, P.W.1-wife was examined by a Psychologist and after examining P.W.1, she has given a report, wherein, it was stated that P.W.1 accepted before the Psychologist that no dowry demand was made by her husband and mother-in-law and they are very good. 5. The learned counsel for the petitioners further submitted that the Social Welfare Officer has also submitted a report, after examining the wife and in her report also it has not been stated that there was any https://hcservices.ecourts.gov.in/hcservices/ 2 dowry harassment as spoken to by the wife. He, therefore submitted that having regard to the reports of the Psychologist and the Social Welfare Officer, no offence is made out against the petitioners as stated in the charge-sheet and therefore, the charge framed against the petitioners are liable to be quashed. 6. I am unable to accept the contention of the learned counsel for the petitioners. Admittedly, necessary allegations are made by the witnesses during investigation and after considering the statement of witnesses and the reports of the Psychologist and the Social Welfare Officer, the first respondent has filed a charge-sheet. 7. The veracity of the statement of the witnesses and the reports of the psychologist and the Social Welfare Officer have to be considered by the trial Court during the trial and at this stage, this Court cannot take into consideration the reports of the psychologist and the Social Welfare Officer and quash the charge-sheet, without taking into consideration of the statements of the witnesses made during investigation. 8. Hence, I do not find any merit in this petition. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1. The Judicial Magistrate No.II, Nagercoil. 2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. Ps SR : 17.05.2011 : 2p/4c Crl.O.P.(MD).No.5409 of 2011 28.04.2011 https://hcservices.ecourts.gov.in/hcservices/