Subash Raj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)Nos.13313 of 2023 and 14079 of 2022 Crl.O.P.(MD)No.16702 of 2023 Subash Raj ... Petitioner/A1 vs.
1.State represented by The Inspector of Police, (Crime No.4 of 2022) ... 1st Respondent/Complainant 2.Karthika ... 2nd Respondent/Defacto - ` Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the impugned charge sheet in P.R.C.No.300 of 2022 on the file of the Additional Mahila Court, Judicial Magistrate Court, Madurai and quash the same.
For Petitioner : Mr.R.Jegadeeswaran For R1 : Ms.Aasha Government Advocate (Crl. Side) 1/6
For R2 : Mr.S.Akash Pandian Crl.O.P.(MD)No.20324 of 2022 1.Soosairaj 2.M.S.Fatima Mary 3.Subha Rexi ... Petitioners/A2 to A4 vs.
1.The State Represented by The Inspector of Police, (Crime No.4 of 2022) ... 1st Respondent/Complainant 2.Karthika ... 2nd Respondent/Defacto - ` Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the impugned complaint in P.R.C.No.300 of 2022 on the file of the Additional Mahila Court, Judicial Magistrate Court, Madurai and quash the same.
For Petitioners : Mr.R.Jegadeeswaran For R1 : Ms.Aasha Government Advocate (Crl. Side) For R2 : Mr.S.Akash Pandian 2/6
COMMON ORDER These Criminal Original Petitions have been filed to quash the impugned charge sheet in P.R.C.No.300 of 2022 on the file of the Additional Mahila Court, Judicial Magistrate Court, Madurai.
2. The Joint compromise memos have also been filed. The allegation in this case is that the petitioner/1st accused had promised to marry the defacto complainant, and had intercourse and subsequently, did not marry her and hence, the case has been registered under Section 376 and 417 of Indian Penal Code.
3. In cases of this nature, this court cannot go by the prosecutrix alone, but has to consider the gravamen of the allegations before exercising the power under Section 482 of the Code of Criminal Procedure.
4. A perusal of the statements, which are made under Section 161 of the Code of Criminal Procedure, it can be seen that in this case, both the parties i.e. the petitioner/1st accused as well as the de-facto complainant 3/6
herein got divorced, and were looking for remarriage through matrimonial portals, and upon introduction, it seems that they have developed a relationship, and were having physical intimacy also. Thereafter, the marriage could not be performed, and both the parties have also moved on, and are going to marry different parties now.
5. Considering the overall facts and circumstances of the case, it can be seen that before conducting of their second marriage, the parties were moving in closely with each other and therefore, the allegations are private in nature, and considering the fact that the de-facto complainant submits that she does not want to pursue the case any further and wants to move on in life, and considering the fact that any further pendency of the case will affect her future prospects also, and also considering the fact that when the de-facto complainant is not intending to support the case of the prosecution, then the chances of securing a conviction is also nil, I am of the view that these are the fit cases for exercise of inherent power of this Court under Section 482 of the Code of Criminal Procedure to quash the case on compromise.
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6. Accordingly, these Criminal Original Petitions in Crl.O.P.(MD)Nos.16702 of 2023 and 20324 of 2022 shall stand allowed. The joint compromise memos shall form part of this order, and the case in P.R.C.No.300 of 2022 on the file of the Additional Mahila Court, Judicial Magistrate Court, Madurai shall stand quashed. Consequently, connected Criminal Miscellaneous Petitions are closed. 29.10.2024 NCC : Yes / No mkn To 1.The Additional Mahila Court, Judicial Magistrate Court, Madurai 2.The Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 5/6
D.BHARATHA CHAKRAVARTHY, J.
mkn and Crl.M.P.(MD)Nos.13313 of 2023 and 14079 of 2022 29.10.2024 6/6