SUNDAR BABU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the learned single Judge of the Madras High Court rejecting the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the 'Code').

(2.) Background facts in short are as follows:

(3.) The complaint was treated as First Information Report and investigation was undertaken. On completion of investigation charge-sheet was filed on 8/6/2000. A divorce petition was filed by the complainant which appears to have been granted ex parte on 12/7/2001. According to the appellants, complainant-Sukanya has remarried on 24/8/2002. It was a stand of the appellant that the complaint filed was nothing but an abuse of the process of law. The allegations were unfounded. There was no basis for making the allegations. The appellant No. 1 had left for USA after about six months of the marriage. Long thereafter on 6/2/2000, the complaint was filed. No explanation for the delayed lodging of the complaint was offered. In essence, it was submitted that the continuance of the proceedings will be an abuse of the process of law. The prosecuting agency before the High Court contested the petition filed under Section 482 Cr.P.C. taking the stand that a bare perusal of the complaint discloses commission of alleged offences and therefore it is not a case which needed to be allowed. The High Court accepted the stand of the respondent-State and dismissed the application.