1

MEMORANDUM OF CRIMINAL ORIGINAL PETITION

(Under Section 482 of Criminal Procedure Code)
IN THE HIGH COURT OF JUDICATURE MADRAS AT
MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. Of 2023
In
Crime No. 4 of 2023
(On the file of the 1st respondent police)
1. Rosini, (F/65)
W/o.Sheikh Shardar,
Door No.2A,
Bharathiyar 4th Street Extension,
S.S.Colony,
Madurai .
2. Sheikh Shardar, (M/75)
W/o.Sheikh Shardar,
Door No.2A,
Bharathiyar 4th Street Extension,
S.S.Colony,
Madurai .

3. Jahirvuddin, (M/63)
S/o. Pasha,
Door No.117/43
Town Hall Road,
Madurai .
4. Salavuddin, (M/77)
S/o. Pasha,
Door No.117/43
Town Hall Road,
Madurai . … Petitioners
 2

/Accused no. 2, 3, 5 and 6

-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023) … 1 st Respondent/Complainant
2. Shahin,
W/o.Sheikh Abdullah,
No.15, Velankanni Compound,
Thomas Colony,
Madurai. … 2nd Respondent
/De-facto Complainant

PETITION FOR QUASH

The address for service of all notices and processes on the
petitioner is that of his counsels M/s. K.S.DURAI PANDIAN,
K.RAJENDRAN, P.BALASUBRAMANI, S.PRAVEEN AND C.MOHAN
Advocates, No.1, Law Chamber, Madurai Bench of Madras High
Court, Madurai - 23.

The address for service on the respondents is that of the

address stated above.

The humble petition of the petitioners above named most

respectfully sheweth as follows:

1. The Petitioners prefer this Memorandum of Criminal

Original Petition to this Hon’ble Court to quash the report in Crime
No. 4 of 2023 for the alleged offences under Section 498 (A), 406
 3

and 506(ii) of IPC in the file of the Inspector of Police, All Women
Police Station, Thilagar Thidal. The above case is pending before the
Learned Judicial Magistrate No. II, Madurai.

2. The petitioner submits that the case of the prosecution is

that A1 is the husband, A2 is the mother-in-law, A3 is the father-
in-law and A4 is the brother-in-law of the de-facto complainant.
Further A5 and A6 is the maternal uncle of A1. The marriage
between the A1 and the De-facto complainant solemnized during
the year 2012 in the presence of elders and family members. At the
time of marriage, the parents of de-facto complainant gifted 40
sovereign jewels and house hold articles as dowry. After few months
of marriage, A1 to A3 obtained 40 Sovereign jewels from the de-fact
complainant, to invest in the business of A4, as a partner. After
receiving jewels, A4 never come forward to do partnership business
and he invested in his sole proprietor business. So, the de-facto
complainant demanded to return back her jewels. But, A2 and A3
told that all the jewels are in the custody of A5 and A6, who are the
maternal uncle of A1. A5 and A6 refused to return the jewels to the
de-facto complainant. In the meantime, the daughter of the de-facto
complainant was suffered from cancer and she was admitted in
Meenakshi Mission Hospital, Madurai. The accused persons have
not spent any amount for treatment of the child. So, the child died
on 06.04.2022. On 04.07.2022, all the accused persons criminally
intimidated the de-facto complainant and compelled to sign in an
empty stamp paper. Further, they demanded 10 sovereign jewels as
additional dowry and locked the de-facto complainant in a room.
 4

The de-facto complainant called 100 through her phone and police
came and rescued the de-facto complainant. Hence the respondent
registered a case in Crime No. 4 of 2023 for the alleged offences
under Section 498 (A), 406 and 506(ii) of IPC.

3. It is most respectfully submitted that the petitioners has not

committed any offence as alleged by a de-facto complainant/2 nd
Respondent. The petitioners are in -laws of the 2 nd respondent. The
1st petitioner is the mother-in-law, the 2nd petitioner is the father-in-
law. The 3rd and 4th petitioners are the maternal uncle of A1. The 1st
and the 2nd petitioners are the eldest member of the family they had
tried to settle the matrimonial dispute. There is no specific overact
as against the petitioners, the petitioners were only roped at a later
point. The 2nd respondent at the ill advice of her family members is
keeping on harassing the petitioners one way or other. Thus the
very registration of the FIR is vexatious and liable to be interfered
by this Hon’ble Court. The entire complaint given by that de-facto
complainant has is an abuse of process and the same is liable to
the interfered with. Hence, having no effective and efficacious
alternative remedy, the petitioner is constrained to approach this
Hon’ble Court invoking the inherent powers under Section 482 of
Cr.P.C. to secure the ends of justice and to give effect to the code for
the following:-

GROUNDS

(i) Even if the entire allegations and averments made in the

Charge-Sheet is taken as true in its entirety no offence is made out
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under Sections 498 (A), 406 and 506(ii) of IPC and as such the FIR
is liable to be quashed.

(ii) It is respectfully submitted that the respondent police

has not followed the provision under section 41 (A) of Cr.P.C
without any enquiry they have registered FIR, But in the
Matrimonial Dispute custodial interrogation of the
petitioners/accused is not required.

“Section 41(A) Notice of Appearance before the Police

Officer in all cases the police officer issue notice directing the
person against whom a reasonable complaint has been made
or credible information has been received or a reasonable
suspicion exits that he has committed a cognizable offence to
appear before him.”

(iii) It is submitted that the petitioners actually have spent

the Medical expenses of child of A1 up to Rs.10 lakhs because the
child was suffered from cancer and she was admitted in Menakshi
Mission Hospital, Madurai. It is not correct to say the accused
persons have not spent any amount for the treatment of the child.
Despite of Medical treatment the child was died on 06.04.2022, the
situation is being so, petitioners have not been demanded 10
sovereign jewels as additional dowry. Because the complainant
shahin has lodged a complaint on 16.07.2021 against her husband,
brother of her husband and father of her husband alone before
othakadai police station that the child suffering from cancer not
properly being treated by her husband family members and not
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giving money for medical expenses and she has also received some
jewels except some other jewels kept by her husbands father and
his brother. The above complaint lodged prior to the present private
complaint which was directed by the Learned Magistrate to register
a case and enquire but in this private complaint many additional
allegations and exaggerations found in this private complaint which
are contradicted between the complaint on 16.07.2021 and the
present FIR registered subsequently based on the private complaint
and earlier 16.07.2021 complaint do not constitute the act of
cruelty and demanding dowry. The 2 nd respondent filed private
complaint before Judicial Magistrate No.VI, Madurai with false
document i.e., Complaint given before Othakkadai Police Station.
Subsequently the petitioners have been falsely implicated in the 2 nd
complaint. So, the false allegations in the FIR are falsely instituted
to attract the offence is nothing but purely an abuse of process of
law. But in this case they have been falsely implicated as Accused
persons and they are innocents. The accused No. 5 and 6 are well
reputed person and living separately in different places. If proper
enquiry conducted U/s 41(A) of Cr.P.C the respondent police would
have known the truth what happened instead without enquiry
respondent police registered a false case against the petitioners
herein.

(iv) It is submitted that the de-facto complainant belongs to

the poor family and only 5 sovereign of gold gifted to her at the time
of marriage and there is no proof on the side of the prosecution for
handing over the 40 Sovereign of jewels by the 2 nd respondent to
 7

the petitioners. The accused No.2 is the mother-in-law is an aged

lady, the accused No.3 is the father-in-law, accused No. 5 and 6 are
the maternal uncle of the A1 and the original medical bills of the
child have been enclosed along with the petition which has filed
before the Learned Sessions Judge, Madurai at the time of
Anticipatory Bail Application.

(v) The petitioners submitted that the accused No. 2 and 3 are
mother-in-law and father-in-law, the accused No.5 and 6 are
maternal uncle of the Accused No.1 and excepting the fact that they
are related to the de-facto complainant through her husband/A1,
being uncles of A1 the accused No. 5 and 6, the accused No.2 and 3
being mother and father of the A1 they have at no point of time
lived together in a shared household are had any domestic
relationship with the de-facto complainant and that they cannot be
brought as accused persons and as such the allegations against
them do not constitute acts of cruelty and demanding dowry that
the entire allegations in crime No.4 of 2023 is nothing but an abuse
of process of court and blatant misuse of the provision of the
498(A), 406 and 506(ii) of IPC filed with an ulterior intention to
harass them and to tarnish their image.

(vi) It is submitted that the de-facto complainant in order to

revenge in respect of family dispute the complainant had attempted
to misuse and abuse the penal provision by willfully falsely
implicating the petitioners as accused persons in this case. The
entire FIR would not have attracted the offences which come within
 8

the ambit of U/s 498(A), 406 and 506(ii) of IPC to implead them as
accused.

(vii) It is submitted that the petitioners/ Accused No.5 and 6

are the maternal uncles and the A5 is a Business Man and A6 is a
retired Additional Director of prosecutor and both are own brothers
of the accused No.2. The petitioner/accused No.3 is the aged
husband of the accused No.2 and all are living separately and the
petitioners being blood relatives, Business man, Advocate and
related to the family of A1 is the only reason, even though no fault
of their own they have been falsely implicated in this case in order
to restrain the petitioners from rendering help to the A1.

(viii) It is submitted that the entire allegations demanding

dowry, compelling to execute the bond paper by demanding
signature of the de-facto complainant are all false and abuse of
process of law. The allegations against petitioners are highly
improbable. Therefore they have sought for the quashing the
proceedings in Crime No.4 of 2023. So, the false allegations in the
FIR are maliciously instituted with an ulterior motive for wracking
vengeance on the petitioners and with a view of spites them due to
personal grudge. This Hon’ble court kindly consider that the
provisions all intended to protect women in distress due to the
cruelty and demanding dowry have been misused and thereby it is
clear that the FIR is manifestly attended with malified and
maliciously instituted maliciously instituted with an ulterior motive
 9

for wracking vengeance due to the personal grudge in crime No.4 of

2023 is nothing but abuse of process of law.

(ix) FIR laid down by the respondent police is nothing but a

clear abuse process of law; the same is liable to be quashed.

It is respectfully submitted that the petitioners were unable to

get the certified copies of the impugned FIR. It is therefore prayed
that this Hon’ble Court may be pleased to DISPENSE WITH the
production of Copy of FIR in Crime No. 4 of 2023 on the file of the
1st Respondent police till pending disposal of the above Criminal
Original Petition and thus render justice.

It is respectfully submitted that the FIR is taken on file and

the learned Judicial Magistrate is proceeding with the case. Unless,
the matter is stayed by this Hon’ble Court the petitioners will be
pushed to face the rigmarole trial. It is therefore prayed this
Hon’ble court may be pleased to grant an AD-INTERIM STAY of all
further proceedings in Crime No. 4 of 2023 on the file of the 1st
Respondent police till pending disposal of the above Criminal
Original Petition and thus render justice.

It is respectfully submitted that the petitioners being an aged

persons and suffering from various other ailments and the learned
Judicial Magistrate is proceeding with the case. Once the case is
commenced the petitioner will be pushed to face the rigmarole trial.
It is therefore prayed that this Hon’ble Court may be pleased to
DISPENSE WITH the personal appearance of the petitioners in
 10

Crime No. 4 of 2023 on the file of the 1st Respondent police till
pending disposal of the above Criminal Original Petition and thus
render justice.

It is therefore prayed this Hon’ble Court may be pleased to call

for the records relating to the FIR in Crime No. 4 of 2023 on the file
of the 1st Respondent police and quash the same as illegal so far as
the petitioner is concerned and thus render justice.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

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MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION

(Under Section 482 of Criminal Procedure Code)
IN THE HIGH COURT OF JUDICATURE MADRAS AT
MADURAI BENCH
(Criminal Jurisdiction)
Crl.M.P.(MD).No. of 2023
In
Crl.O.P.(MD).No. of 2023

1. Rosini, (F/65)
W/o.Sheikh Shardar,
Door No.2A,
Bharathiyar 4th Street Extension,
S.S.Colony,
Madurai .
2. Sheikh Shardar, (M/75)
W/o.Sheikh Shardar,
Door No.2A,
Bharathiyar 4th Street Extension,
S.S.Colony,
Madurai .

3. Jahirvuddin, (M/63)
S/o. Pasha,
Door No.117/43
Town Hall Road,
Madurai .
4. Salavuddin, (M/77)
S/o. Pasha,
Door No.117/43
Town Hall Road,
Madurai . … Petitioners
/Accused no. 2, 3, 5 and 6
 12

-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023) … 1 st Respondent/Complainant
2. Shahin,
W/o.Sheikh Abdullah,
No.15, Velankanni Compound,
Thomas Colony,
Madurai. … 2nd Respondent
/De-facto Complainant

STAY PETITION

For the reasons stated in the accompanying Quash Petition, it

is therefore prayed that this Hon’ble Court may be pleased to grant
an order of INTERIM STAY the operation of the impugned FIR in
Crime No. 4 of 2023 dated 20.01.2023 on the file of the 1st
respondent police, pending disposal of the above Criminal Original
Petition and thus render justice.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents

INDEX
S.No. Date Particulars Page
No.
1 -
Coding Sheet
2 -
Court Fee
3 -
Vakalat
4 -
Synopsis and Dates & Events
5 -
Grounds of Quash Petition
6 Impugned FIR
20.01.2023

TYPED SET OF DOCUMENTS

7
 14

20.01.2023 Copy of the Impugned FIR in Crime

No. 4 of 2023 on the file of the 1st
respondent police

It is certified that the above documents are true copies of the

original.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

 15

MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents

INDEX
S.No. Date Particulars Page
No.
1 -
Petition for Stay
2 -
Grounds of Quash Petition

It is certified that the above documents are true copies of the

original.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

 16

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents

SYNOPSIS
1. Date of FIR : 20.01.2023

2. Stage of Case : Under Investigation

3. Offence alleged : under section 498 (A), 406 and

506(ii) of IPC

4. Number of Accused: totally 6 Accused

5. Brief facts : the case of the prosecution is that A1 is the

husband, A2 is the mother-in-law, A3 is the father-in-law and A4 is
the brother-in-law of the de-facto complainant. Further A5 and A6
is the maternal uncle of A1. The marriage between the A1 and the
De-facto complainant solemnized during the year 2012 in the
 17

presence of elders and family members. At the time of marriage, the

parents of de-facto complainant gifted 40 sovereign jewels and
house hold articles as dowry. After few months of marriage, A1 to
A3 obtained 40 Sovereign jewels from the de-fact complainant, to
invest in the business of A4, as a partner. After receiving jewels, A4
never come forward to do partnership business and he invested in
his sole proprietor business. So, the de-facto complainant
demanded to return back her jewels. But, A2 and A3 told that all
the jewels are in the custody of A5 and A6, who are the maternal
uncle of A1. A5 and A6 refused to return the jewels to the de-facto
complainant. In the meantime, the daughter of the de-facto
complainant was suffered from cancer and she was admitted in
Meenakshi Mission Hospital, Madurai. The accused persons have
not spent any amount for treatment of the child. So, the child died
on 06.04.2022. On 04.07.2022, all the accused persons criminally
intimidated the de-facto complainant and compelled to sign in an
empty stamp paper. Further, they demanded 10 sovereign jewels as
additional dowry and locked the de-facto complainant in a room.
The de-facto complainant called 100 through her phone and police
came and rescued the de-facto complainant. Hence the respondent
registered a case in Crime No. 4 of 2023 for the alleged offences
under Section 498 (A), 406 and 506(ii) of IPC.

7. Any other previous Case/ Conviction : Nil

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8. Total number of victims

in the FIR/Charge Sheet/
Impugned order : Nil

DATES AND EVENTS

Date Particulars

20.01.2023 Date of Occurrence

20.01.2023 Date of FIR

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

 19

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. Of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents
INDEX

S.No Date Particulars Page

No.

1. Petition for Dispense with for

Production of Certified Copy
2
Grounds of Quash Petition

This is to certify that the documents filed in the typed set off Papers
Are true Copies of their Originals.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

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MEMORANDUM OF THE CRIMINAL ORGINAL PETITION

(UNDER SECTION 482 of CRPC)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents
DISPENSE WITH PETITION
For the reasons stated in the Accompanying it is most
respectfully prayed that this Hon’ble Court May be pleased to dispense
with the production of Certified Copy of the FIR in Crime No: 4 of 2023
on the file of the 1st Respondent Police and thus render justice.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

 21

MEMORANDUM OF THE CRIMINAL ORGINAL PETITION

(UNDER SECTION 482 of CRPC)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

Rosini, (F/65)
W/o.Sheikh Shardar.
and 3 others. … Petitioners
/Accused no. 2, 3, 5 and 6
-Vs-
1. State Represented by,
The Inspector of Police,
All Women Police Station, Thilagar Thidal,
Madurai City,
Madurai.
(Crime No. 4 of 2023)
and another. … Respondents
DISPENSE WITH PETITION
For the reasons stated in the Accompanying it is most
respectfully prayed that this Hon’ble Court may be pleased to
DISPENSE WITH the personal appearance of the petitioner in
Crime No. 4 of 2023 on the file of Judicial Magistrate Court No.II,
Madurai till pending disposal of the above Criminal Original Petition
and thus render justice.

Dated at Madurai on this the day of March, 2023

Counsel for Petitioners

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DISTRICT: MADURAI

IN THE HIGH COURT OF

JUDICATURE AT MADRAS
MADURAI BENCH
(Criminal Jurisdiction)

Crl.O.P.(MD).No. of 2023

PETITION FOR QUASH

COUNSEL FOR THE PETITIONER

M/s. K.S.DURAI PANDIAN

(639/84)
K.RAJENDRAN (1489/13)

P.BALA SUBRAMANI
(3736/18)

S.PRAVEEN (3306/22)

C. MOHAN (5531/22)

COUNSEL FOR PETITIONER

Ph-72004-64985