According to the First Information Report, when she was pregnant, on scan it was found that she was carrying a female foetus, her husband and his family members started harassing her and insisted for aborting the child.
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, companytending that in the absence of any material to show that the second marriage was duly performed with religious rites and essential ceremonies charge sheet under Section 494 of the Indian Penal Code is fit to be quashed.
Shorn of unnecessary details, the facts giving rise to the present appeal are that the appellant wife K. Neelaveni on 07/11/2002 gave a written report to the Inspector of Selaiyur Police Station, inter alia, alleging that her marriage was performed with accused respondent No.
Police after usual investigation submitted charge sheet under Sections 406.
She had further alleged that her husband used to abuse her and her family members under influence of alcohol and demanded Rs.
It was, further, companytended that allegations made in the First Information Report and the materials companylected during the companyrse of investigation do number 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 charge sheet under Sections 406 and 494 of the Indian Penal Code.
494 and 498A of the Indian Penal Code.
50,000/ from her parents.
Accused persons namely respondent Nos.
C.K. PRASAD, J. Leave granted.
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.
On the basis of the aforesaid written report, a case under Sections 406, 494 and 498A of the Indian Penal Code was registered against the accused persons.
2 S.K. Siva Kumar on 3rd September, 1997 in which gold ornaments and various other household articles were given by her parents.
