BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD) No.3765 of 2024 Muthu ... Petitioner Vs

1.State Represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

Crime No.7 of 2023

2.Gayathri ...Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.7 of 2023, dated 18.03.2023 on the file of the first respondent police and to quash the same as against the petitioner.

For Petitioner : Mr.G.Prabahari For R1 : Mr.M.Sakthikumar Government Advocate (Crl.side)

For R2 : Mrs.Jainab Beevi

O R D E R

The petitioner, who is an accused in Crime No.7 of 2023, dated 18.03.2023 on the file of the first respondent police, for the offence under Sections 294(b), 417, 420 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act has moved this Criminal Original Petition to quash the proceedings in Crime No.7 of 2023 on the file of the first respondent police. He has filed this petition to quash the proceedings pending as against him.

2.The case of the prosecution is that the petitioner and the defacto complainant loved each other and the petitioner promised to marry the defacto complainant had physical relationship with her and later he refused to marry. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that though a case has been registered on 18.03.2023, the investigation has not yet been completed. Except the statement of two witnesses recorded on 18.03.2023, there is no progress in the investigation. While so, the petitioner has married the defacto complainant and therefore, this application has been moved to quash the proceedings pending against the petitioner. Since the petitioner and the defacto complainant have amicably resolved their issue, a Joint compromise memo, dated 03.04.2024 signed by the respective parties has also been filed before this Court to that effect.

4.The Defacto complainant, who is present before this Court has stated that the petitioner has married her and they are also having a child by name Bhuvananth. When this application is taken up for hearing on 22.04.2024, an objection was raised by the respondent police that they are not in a position to identify the parties and the parties are not having documents to satisfy that there was a marriage solemnized between them and a child was born to them.

5.In view of the objections raised by the respondent police, this Court was not inclined to quash the proceedings on that day and posted this matter today.

6.Today(24.04.2024), when this Criminal Original Petition is taken up for hearing, the Inspector of Police, All Women Police Station, Paramakudi, who is present before this Court has raised certain objections that the first accused alone is present and the remaining accused are not present.

7.In reply, the learned counsel for the petitioner has produced a copy of the First Information Report and submits that the petitioner alone has been shown as accused and there is no other accused in Crime No.7 of 2023.

8.This Court considered the rival submissions made and also perused the materials placed on record.

9.This case was registered in the month of March 2023. The age of the complainant even at that time of occurrence was 23 years. However, the case has been registered for the offence under Sections 417 and 420 IPC as if on a promise to marry the defacto complainant, the petitioner had a physical relationship with her and refused to marry her. Though there is an averment as against the parents of the petitioner in the First Information Report, the respondent police has not preferred to add them as accused for the past one year. However, the Inspector of Police, who has taken charge in the month of February 2023 has raised certain objections with regard to the quashing of the complaint that the other accused are not present. The Investigating Office