Deepak @ Deepak Prasanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3074 of 2022 Deepak @ Deepak Prasanth ...Petitioner Vs.

1. State Represented by, The Inspector of Police, W-14, All Women Police Station, Thiruvottiyur, Chennai 600 019.

(Crime No.08/2021).

2. R.Puja

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.8 of 2021 pending on the file of the First respondent/complainant and quash the same.

For Petitioner : Mr.J.Hari Krishna For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed seeking to call for the records and quash the FIR in Crime No.8 of 2021 pending on the file of the first respondent.

2.The Submissions of the learned counsel appearing for the petitioner are as under:- (a)First respondent has registered a case against the petitioner for the offences under Section 417 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002, on 01.11.2021 based on the complaint given by the second respondent on 13.10.2021. The offence is said to have taken place during December 2020 to 29.01.2021.

(b)The allegation is that the petitioner and the second respondent/defacto complainant were in love for the past few years and the parents and well wishers of both the parties had agreed to perform the marriage between them and the engagement was held on 25.01.2021, whereas, the marriage was fixed on 20.08.2021. It is however, the case of the second respondent/ https://hcservices.ecourts.gov.in/hcservices/

defacto complainant that the parents of the second respondent / defacto complainant have paid a sum of Rs.4,00,000/- (Rupees Four Lakhs only) towards the marriage expenses and they have also booked the marriage hall. During the relevant period of time, the petitioner had physical relationship with the defacto complainant and had cheated her. Based on the complaint given by the defacto complainant, the case was registered. (c)During the pendency of the case, the matter has been settled between the parties and the amount of Rs.4,00,000/- has been returned by the parents of the petitioner to the family of the second respondent/de facto complainant.

3.Learned Additional Public Prosecutor would submit that the respondent has not received any instructions with regard to the settlement.

4.Heard the counsel and perused the materials available on record.

5.It is seen that the averments raised are factual in nature and that the respondent has not received any information with regard to the settlement.

6. In view of the above, this Criminal Original Petition is dismissed. However, the petitioner is directed to approach the respondent and the respondent shall complete the enquiry and file the final report within a period of two months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Inspector of Police, W-14, All Women Police Station, Thiruvottiyur, Chennai 600 019.

2. The Public Prosecutor, High Court,Madras.

+2cc to M/s.J.Harikrishna, Advocate, S.R.No.9399 Crl.O.P.No.3074 of 2022 PMK(CO) RGA(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/