Varadharajan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.14303 of 2015 and MP.No.1 of 2015 1.Varadharajan 2.Loganathan 3.Jaya ... Petitioners Vs 1.State by: Inspector of Police, B4 Annadhanapatty Police Station, Salem District.

2.S.A.Perumal 3.Sathya ... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash all the proceedings in Crime No.590 of 2012 on the file of the Inspector of Police, B4 Annadhanapatty Police Station, Salem District against the petitioner. For Petitioners : Mr.B.Vasudevan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]

O R D E R

This petition has been filed to quash the proceedings in Crime No.590 of 2012 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.

3. On a complaint lodged by S.A.Perumal, the respondent police registered a case in Crime No.590 of 2012 on 06.07.2012 for offences under Section 109 and 366A IPC against seven accused. It is the case of S.A.Perumal, that his grand daughter by name Sathya was abducted by the accused herein. It appears that Sathya has now married Varadharajan the 1st petitioner herein/A1 on 01.07.2012 and they have one male child through the said wedlock and they are happily settled now. The other accused in this case are relatives of Varadharajan. https://hcservices.ecourts.gov.in/hcservices/

4. Today, Mr.T.Muthamil Selva Rasan, Inspector of Police, Annadhanapatty Police Station, Salem District is present. Sathya the victim girl who is aged about 21 years and Varadharajan/A1 is also present before this Court and both were identified by the Inspector of Police. Sathya the victim girl, has filed an affidavit, wherein, in paragraph No.3, it is stated as follows:

"3. I humbly submit that I and the 1st petitioner Varadharajan loved each other, married on 01.07.2012 and we are living happily. On 02.04.2013 a male child namly Buvan was born. My husband is taking care of me and my child in a good manner. My husband is a carpenter and also running Sri Lakshmi-hardware shop in Seelanaickenpatty, Salem and myself and my husband are doing business in the said shop, we are leading now a happy life, our son Buvan, aged 3 years is now going to play school in Seelanaickenpatty. So it is necessary to quash entire criminal proceedings in Crime No.590/2012 on the file of the 1st respondent. I have no objection to allow the petition."

5. Relying upon the judgment of the Hon'ble Supreme Court in Narinder Singh and Others Vs State of Punjab and Another reported in [2014] 6 SCC 466, the proceedings in Crime No.590 of 2012 is hereby quashed. Consequently, connected Miscellaneous Petition is closed. gya s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.Inspector of Police, B4 Annadhanapatty Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.B.Vasudevan, Advocate SR 30675 kk(co) prk1/7 CRL.OP.No.14303 of 2015 https://hcservices.ecourts.gov.in/hcservices/