A.Ragu v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.Nos.2813 & 2814 of 2022 A.Ragu ... Petitioner

Versus

1. State of Tamil Nadu, rep. by Inspector of Police, W16 All Women Police Station, Pulianthope, Chennai-600 012.

2. M.Ananthi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No. 43 of 2021 on the file of the Metropolitan Magistrate, Addl. Mahila Court, Egmore, Chennai and quash the same. For Petitioner :

Mr.C.K.M.Appaji For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Mr.P.Munusamy for R2 Page No.1 of 4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No. 43 of 2021 on the file of Metropolitan Magistrate, Addl. Mahila Court, Egmore, Chennai.

2. Heard both sides.

3. The petitioner is ranked as A1 in the F.I.R. in Crime No.9 of 2020 registered for the offence under Sec.417, 376 and 109 of I.P.C. Subsequently, the charge sheet has been filed and the same was taken on file in C.C.No.43 of 2021 on the file of Metropolitan Magistrate, Addl. Mahila Court, Egmore, Chennai and the same is pending. Now, the petitioner had filed this petition praying to quash the said charge sheet.

4. Considering the nature of allegation, this matter was referred to mediation, but it was failed due to non-cooperation of 2nd respondent/defacto complainant and she wanted to marry the petitioner, but the said proposal was not accepted by the petitioner. However, on seeing the offence lodged against the petitioner under Sec.354 and 417 of I.P.C., it is a matter for trial and it requires detailed investigation, as he is working as Manager in Corporation Bank. Hence, I do not find any Page No.2 of 4

irregularity in the charge sheet initiated by the 1st respondent police and this Court is not inclined to quash the proceedings initiated against him. Accordingly, this Criminal Original Petition is dismissed. Liberty is granted to both parties to work out their remedy before the trial court. Furthermore, on considering the age of 2nd respondent/defacto complainant, her personal appearance is dispensed with and she shall appear before the trial court as and when required. Consequently, connected Criminal Miscellaneous Petitions are closed. 21.02.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, W16, All Women Police Station, Pulianthope, Chennai-12.

2. The Public Prosecutor, High Court, Madras.

Page No.3 of 4

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.5179 of 2022 21.02.2024 Page No.4 of 4