Madras High Court
CRL OP(MD)/5574/2026 of Parameswari Vs State Of Tamilnadu Rep By In on 8 October 2026
CRL OP(MD) No. 5574 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 5574 of 2026
and Crl.M.P(MD)Nos.6018 of 2026
& 6019 of 2026
CNR:{HCMD010261752026}
Parameswari
W/o.D.Sudhakar,
Now residing at
No.2/656, Ayyanar Colony 2nd Street,
Kathakinaru Post, Kadachanendal,
Madurai.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thiruppathur Sivagangai District.
Crime No.5 of 2020.
2. S.Rani
W/o.S.Nandakumar,
No.E-6, Police Quarters,
Singampunari, Sivagangai District.
..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call for the records relating to the charge sheet in C.C.No.79 of 2025 pending on the file of the Learned Principal District Munsif cum Judicial Magistrate, Thiruppathur and quash the same.
For Petitioner(s):
Mr.R.Sriram
for Mr.P.Saravana Kunar
For Respondent(s):
Mr.P.Samuel Gunasingh (R1)
Additional Public Prosecutor
No appearance (R2)
CRL OP(MD) No. 5574 of 2026
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ORDER
The present petition has been filed by A.4 in C.C. No. 79 of 2025, on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Thiruppathur, seeking to quash the charge sheet in which she has been charged with the offences punishable under Sections 120-B, 498-A and 494 of the Indian Penal Code (IPC).
2. A perusal of the charge sheet reveals that the first accused married the de facto complainant 12 years ago and that matrimonial disputes subsequently arose between them. It is further alleged that A.1 married the petitioner/A.4 without obtaining a divorce from the de facto complainant. It is also alleged that the other accused persons abused and assaulted the de facto complainant.
3. It is further alleged in the charge sheet that A.4 contacted the de facto complainant and informed her that she and A.1 had married in 2018, that their marriage had been registered and that they were living in a separate matrimonial home.
4. According to the learned counsel appearing for the petitioner, the first accused had filed H.M.O.P. No. 157 of 2017 before the Family Court,
CRL OP(MD) No. 5574 of 2026 Sivagangai, seeking divorce from the de facto complainant, and the said petition was allowed on 12.03.2018. Thereafter, A.1 married A.4 on 20.04.2018. The FIR was registered on 22.07.2020. During the pendency of the investigation, the petitioner/A.4 filed H.M.O.P. No. 30 of 2021 before the Sub Court, Melur, seeking divorce from A.1 on the ground of cruelty. The said petition was allowed after contest on 28.02.2022.
5. The learned counsel appearing for the petitioner further submitted that the petitioner married the first accused only after the competent Court had granted a divorce in respect of the first marriage of A.1. In such circumstances, she cannot be prosecuted for the offence punishable under Section 494 IPC. The learned counsel further submitted that the marriage with A.1 was the petitioner's first marriage. Reliance was also placed on a decision of the High Court of Calcutta in C.R.R. No. 2287 of 2023, dated 19.11.2024, in support of the petitioner's contentions.
6. Though notice was served on the second respondent/de facto complainant through Court on 21.04.2026 and her name is printed in the cause list, she has not chosen to appear either in person or through counsel. Therefore, this Court is constrained to proceed on the basis of the submissions made by the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.
CRL OP(MD) No. 5574 of 2026
7. The learned Additional Public Prosecutor appearing for the first respondent submitted that the charge sheet indicates that the petitioner married A.1 with full knowledge of his first marriage with the de facto complainant.
8. Heard the learned counsel appearing on either side and perused the material records.
9. As could be seen from the records, the first accused had filed H.M.O.P. No. 157 of 2017 against the de facto complainant before the Family Court, Sivagangai, seeking divorce, and the said petition was allowed on 12.03.2018, thereby granting a decree of divorce. Only thereafter did the petitioner marry A.1 on 20.04.2018. The marriage was registered before the Sub-Registrar Office, Paramakudi, on 28.09.2018. The FIR was registered on 22.07.2020, and the final report was filed in 2025 against the petitioner, charging her with the offences punishable under Sections 120-B, 498-A and 494 IPC.
10. A perusal of the charge sheet does not reveal that the petitioner ever shared a household with the second respondent. The only allegation made by the de facto complainant against the petitioner is that the petitioner abused her over the phone. There is also nothing on record to indicate that the petitioner and A.1 colluded to contract a second marriage while the first marriage was
CRL OP(MD) No. 5574 of 2026 subsisting. As far as the petitioner is concerned, admittedly, this was her first marriage. Therefore, the question of invoking Section 494 IPC against her would not arise.
11. In view of the above, continuing the criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, the charge sheet in C.C. No. 79 of 2025, on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Thiruppathur, is hereby quashed insofar as the petitioner is concerned.
12. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petitions are closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS To
1. The Principal District Munsif cum Judicial Magistrate, Thiruppathur.
2. The Inspector Of Police, Awps-Thiruppathur Sivagangai District.
CRL OP(MD) No. 5574 of 2026 R.VIJAYAKUMAR, J. ps CRL OP(MD) No. 5574 of 2026 08-10-2026