S.R.RAJESHWARAN Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petition has been filed to quash the First Information Report in Crime No. 02 of 2019 on the file of the All Women Police Station, Palayamkottai, Tirunelveli City, for the offences punishable under Sections 417,376,312,506(i) of IPC r/w.3(1)(w)(i),3(2)(v), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

(2.) The case of the prosecution is that the third respondent is a practising advocate for a past eight years and she was elected as a Executive Member in the Women Bar Association, Tirunelveli. The petitioner was elected as a Secretary in Tirunelveli District Bar Association in the year 2017. When the petitioner met the third respondent he promised to marry her. While being so, on 02.08.2017 at about 05.00p.m the petitioner picked the third respondent in this car and went to petitioner's house for discussion with his mother about their marriage. Subsequently at about 05.30 p.m the petitioner gave a cool drink to the third respondent out of that she become unconscious during that time the petitioner raped her. After that the petitioner frequently met the thirdr respondent and had sexual intercourse with her because of that she became pregnant and she under went abortion two time at Kamala Mariammal Hospital, Kovilpatti and Padmavathy Hospital, Kovilpatti. It is further submitted that whenever the third respondent met the petitioner and requested him to marry her, the petitioner prolonged the issue and further submitted that after the death of the petitioner's mother, 17 days later the petitioner married some other lady and the when the third respondent questioned the same, the petitioner threatened her with dire consequences. Hence the complaint.

(3.) The learned counsel appearing for the petitioner as well as the learned counsel appearing for the third respondent submitted that now, the petitioner and the third respondent/defacto complainant have settled the dispute between themselves amicably and the third respondent/defacto complainant is not willing to proceed further with the criminal case.