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Madras High CourtCRL OP/3404/2019allowed

E.J.Sebastian v. The State Rep.By

2019-02-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3404 of 2019 E.J.Sebastian ... Petitioner Vs.

1.The State: Represented by The Sub Inspector of Police, R-3 Ashok Nagar Police Station, Chennai - 600 083.

(Crime No.861 of 2016) 2.S.Suresh

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the FIR in Crime No.861 of 2016 on the file of the first Respondent Police. For Petitioner : Mr.G.Jayachandran For RR1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to call for the records and quash the FIR in Crime No.861 of 2016 on the file of the first Respondent Police.

2. It is seen that a complaint was lodged before the first respondent against the petitioner by the second respondent, who is the father of victim girl, namely S.Mathangi that her daughter was missing, pursuant to which case in Crime No.861 of 2016 was registered and the petitioner was arrested on 22.06.2016 and remanded to judicial custody. However he was enlarged on bail by the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai. Now the case is pending from the year 2016.

3. Today the matter is posted for appearance of the victim girl as such the victim girl is present today along with the

petitioner. It is seen that the victim girl has married the petitioner and also they have given birth to a child. After verifying their identity, the victim girl and the petitioner have been enquired by this Court and they have jointly informed that they got married and are living together and also have given birth to a child. In view of the same, this Court finds that keeping this petition would serve no purpose.

4. Hence, this Criminal Original Petition is allowed and consequently the FIR in Crime No.861 of 2016 on the file of the respondent Police is quashed.

pds/lok Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Sub Inspector of Police, R-3 Ashok Nagar Police Station, Chennai - 600 083.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Jayachandran,Advocate, SR.No.14695 Crl.O.P.No.3404 of 2019 Kak(25/03/2019)

18.02.2019