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2012 Supreme(Mad) 1652

S.NAGAMUTHU
K. U. Prabhu Raj – Appellant
Versus
State by Sub Inspector of Police, A. W. P. S Tambaram – Respondent


Advocates Appeared:
For the Petitioner:A. Raghunathan, SC for S. Jayanthi, Advocate.
For the Respondents:R1, M. Maharaja, Additional Public Prosecutor, R2, J. Saravanavel, Advocate.

Judgment :-

1. Painful is it to live in a friendless town; but for more painful is it to part from one’s lover. Thus speaks Thiruvalluvar in 1158 couplet of Thirukural:

“TAMIL”

Deep love, between a grown up man and woman and exchange of promise for marital ties, broke down irretrievably. Nothing was done on the promise. The woman calls him a cheat. Whether it is cheating as defined in Section 415 I.P.C ? Let this be resolved in this case.

2. The petitioner is the sole accused in C.C.No.937 of 2010 on the file of the learned Judicial Magistrate No.1, Tambaram. The second respondent is the defacto complainant in this case. The said case has been instituted on a police report submitted by the first respondent alleging that the petitioner has committed offences punishable under Sections 417 and 420 I.P.C. Seeking to quash the same, the petitioner is before this Court with this petition.

3. According to the case of the prosecution, the daughter of the second respondent, by name Vijayalakshmi, was employed in a private concern at Indira Nagar, Chennai. The petitioner also joined duty in the said concern during the month of May 2004. On account of their job, they started moving closely,

































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