Ariramachandran Alias Ariyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ariramachandran Alias Ariyappan ... Petitioner/ Solo Accused Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Kamudhi, Ramanathapuram District.

(Crime No. 4 of 2019) ... 1st Respondent/ Complianant 2.Saraswathi ... 2nd Respondent/ Defacto Complianant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with charge sheet in P.R.C.No.8 of 2020 on the file of the District Munsif cum Judicial Magistrate, Kamudhi and to quash the same in respect of the petitioner.

For Petitioner : Mr.C.Mayilvahana Rajendran For R-1 : Mr.M.V.Chandrasekar, Govt. Advocate (Crl. Side) For R-2 : Mr.P.Banuprasath

O R D E R

Heard, the learned counsel on either side.

2.The defacto complainant lodged a complaint against the petitioner herein and the same was registered as Crime No.4 of 2019 on the file of All Women Police Station, Kamudhi. The allegation of the defacto complainant is that the petitioner had sexual relationship with her by promising to marry her. The case was investigated and final report was also filed and is now pending at Committal stage in P.R.C.No.8 of 2020 on the file of the learned District Munsif cum Judicial Magistrate, Kamudhi. At this stage, the parties have entered into a compromise.

3.The second respondent has since got married to another person. The second respondent appeared before this Court through Video Conferencing. Her identity is confirmed by Advocate Thiru.P.Banuprasath, learned counsel appearing for the second respondent.

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4.Mr.M.V.Chandrasekar, learned Government Advocate (Criminal side) appearing for the first respondent also confirmed that there has been a resolution of the issues between the parties, since, the matter has been amicably settled between the parties, even though the offences are non-compoundable in nature, by permitting the proceedings to go on, no purpose will be served. The second respondent had got married to another person. Making her pursue this complaint will cause only disturbance in her marital life. She frankly told the Court that the petitioner is a relative and she does not want to pursue the matter. Therefore, in the interest of justice the impugned proceedings stands quashed.

5. This Criminal Original Petition is allowed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To:

1.The District Munsif cum Judicial Magistrate, Kamudhi.

2. The Inspector of Police, All Women Police Station, Kamudhi, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai bench of Madrs High Court, Madurai.

05.10.2020 PK CO SPU (15.10.2020) 2P 4C 2/3

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