JUDGMENT :

Prayer: Criminal Original Petition filed u/s 482 Cr.P.C. praying this Court to call for the records relating to PRC No.82 of 2019 pending on the file of the IX Metropolitan Magistrate, Saidapet and quash the same.

The present petition has been filed for quashment of PRC No.82 of 2019 pending on the file of the IX Metropolitan Magistrate, Saidapet.

2. The above said case emanated based on the complaint of the 2nd respondent/defacto complainant, the father of the deceased, who was alleged to have been in love/relationship with the petitioner for a span of over six years during which period, it is alleged that the petitioner had sexually exploited the deceased on the promise that he would marry her after obtaining the consent of his parents. However, the petitioner entered into a nuptial arrangement with another woman, which led to the deceased committing suicide by hanging after leaving a suicide note, which resulted in the filing of the complaint and subsequent registration of FIR and after investigation, the charge sheet had been laid before the committal court, which has taken cognizance of the said case and aggrieved of the same, the present petition has been filed for quashment by the petitioner.

3. Mr.Vikram Veerasamy, learned counsel appearing for the petitioner submits that the relationship of the petitioner and the deceased are all matters of record and that the petitioner and the deceased were in love with each other and the petitioner had even stated to the deceased that he will marry her after obtaining consent of his parents. It is the further submission of the learned counsel that, however, fate cruelly intervened in the matter by the parents of the petitioner not yielding to the request of the petitioner to marry the deceased and had arranged his marriage with another girl.

4. It is the further submission of the learned counsel for the petitioner that the deceased was even aware of the same and that she had, through her very many written communications, accepted the fate and had resigned herself to her life and even had stated to the petitioner that she knew the mental turmoil that he would be facing in not marrying her and had even asked the petitioner not to take any extreme step, which is evidenced by the letter written by the deceased to the petitioner.

5. It is the further submission of the learned counsel for the petitioner that the sexual relationship between the petitioner and the deceased was consensual in nature and that the petitioner had never exploited the deceased and the letters of the deceased, which have been placed by the prosecution would very well reveal that such was the case and merely on a stray suicide note, said to have been written by the deceased, the petitioner has been implicated in the offence.

6. It is the further submission of the learned counsel for the petitioner that the petitioner has been charged u/s 376, 306 and 417 IPC, but the materials on record does not even prima facie establish any of the charge. It is the submission of the learned counsel for the petitioner that the sexual relationship being consensual, the charge u/s 376 IPC against the petitioner would have no legs to stand, as none of the ingredients as contemplated u/s 376 IPC are satisfied.

7. It is the further submission of the learned counsel for the petitioner that even the charge u/s 306 IPC cannot be sustained, as the said charge, relating to abetment of suicide does not stand even on the basis of the suicide note alleged to have been written by the deceased. It is the submission of the learned counsel for the petitioner that to make out a charge u/s 306 IPC, abetment should be proved and in the present case, the relationship being consensual and the deceased having walked out of the life of the petitioner on her own volition, abetment cannot be allowed to sustain.

8. Similarly, there is no material implicating the accused with cheating the deceased, as it is even the admitted case of the respondent that the