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Madras High CourtCRL OP/22480/2023disposed of

B.Bhuvan Krishna v. The Commissioner Of Police

2023-10-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.22480 of 2023 B.Bhuvan Krishna ... Petitioner Vs.

1. The Commissioner of Police, Coimbatore City, Huzur Road, Uppilipalayam, Coimbatore - 642 001.

2. The Inspector of Police, All Women Police Station, R.S.Puram, Coimbatore.

3. A.Aishwarya ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry and further to direct the 2nd respondent not to insist the petitioner to get married with the 3rd respondent based on the representation of the petitioner dated 20.09.2023. 1/4

For Petitioner : Mr.C.Nihil Nandha For R1 & R2 : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed alleging that the respondent police is harassing the petitioner on the complaint given by one Aishwarya and therefore, direction must be given to the respondent police not to harass him.

2.

On perusal of the CD file, this Court finds that the petitioner and the complainant pursuing her studies had developed intimacy. The petitioner herein after getting employment had severed the relationship with Aishwarya. Hence the complaint given to the respondent police by Aishwarya stating that after promising to marry her, the petitioner is now refusing to marry and had cheated. Therefore, sought the intervention of the police to solemnize the marriage of the petitioner. 3.

This sort of case, the police has no role to pressurize any individual to marry. Therefore on the complaint, when the petitioner was summoned, he appeared and during the enquiry he has admitted the 2/4

relationship. In this case, the petitioner herein had appeared before the respondent police based on the C.S.R.No.99 of 2023 dated 16.09.2023. In the course of enquiry, the petitioner has agreed to marry the complainant Aishwarya and given consent letter in writing. Based on his undertakings, the police has closed the C.S.R.. After giving the undertakings, the petitioner has come before this Court alleging that he was harassed by the police and due to pressure, he has given the consent letter. 4.

The case of this nature, the police has no role to compel any person to marry and if at all any consent letter is given, it is not binding. In case if there is any element of cheating or other offence made out, the police has to register FIR on the complaint given by Aishwarya and proceed. 5.

With this observation, this Criminal Original Petition is disposed of.

05.10.2023 Index : Yes/No mac/rpl 3/4

Dr.G.JAYACHANDRAN,J.

Mac/rpl To

1. The Commissioner of Police, Coimbatore City, Huzur Road, Uppilipalayam, Coimbatore - 642 001.

2. The Inspector of Police, All Women Police Station, R.S.Puram, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.22480 of 2023 05.10.2023 4/4