Madras High CourtCRL OP(MD)/11922/2015allowed

Siva @ Sivaramanan v. The Inspector Of Police

2015-06-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.OP.(MD)No.11922 of 2015 Siva @ Sivaramanan ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Golden Rock All Women Police Station, Tiruchirappalli City.(In Crime No.35 of 2011) 2.Rajeswari .. Respondents Prayer: Petition filed under Section 482 of Criminal Procedure Code praying to call for the records in Crime No.35 of 2011 on the file of the first respondent and quash the same.

For Petitioner ...Mr.T.M.Madasamy For R-1 ...Mr.K.Anbarasan, Govt. Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.35 of 2011 on the file of the first respondent.

2. The petitioner is the sole accused in Crime No.35 of 2011 on the file of the first respondent police for the offence under Sections 417 and 420 of I.P.C.

3. The allegation against the petitioner is that the petitioner cheated the second respondent/defacto complainant promising her to marry her.

4. Today when the matter is taken up for hearing, the second respondent appeared in person. She also submitted that she is not willing to proceed further. An affidavit is also filed by her today to that effect.

5. The petitioner is aged 27 years as of now and the defacto complainant is aged 26 years. The alleged occurrence was in the year of 2011. Nearly four years have elapsed. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case and after going through the records as well as the affidavit filed, this Court is inclined to quash the proceedings pending against the petitioner.

7. Accordingly, this Criminal Original Petition is allowed and the F.I.R in Crime No.35 of 2011 on the file of the first respondent, is hereby quashed.

SD ASST REGISTRAR -AS TRUE COPY SUB ASST REGISTRAR pm To 1.The Inspector of Police, Golden Rock All Women Police Station, Tiruchirappalli City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DM 14 7 15 - 2P 3C CRL.OP.(MD)No.11922 of 2015 29.06.2015 https://hcservices.ecourts.gov.in/hcservices/