Sivasakthi v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5656 of 2020 1.Sivasakthi 2.Kesavan 3.Krishnamurthy ... Petitioners Vs.

1.State by The Inspector of Police, All Women Police Station, Thiruchengodu, Namakkal District 2.R.Latha ... Respondents Prayer :

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in PRC.No.29 of 2019 on the file of Judicial Magistrate, Tiruchengode and quash the same in respect of the petitioners.

For Petitioners : Mr.C.S.Saravanan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Petition has been filed to quash the proceedings in PRC.No.29 of 2019 on the file of Judicial Magistrate, Tiruchengode in respect of the petitioners.

2. On perusal of the complaint, the petitioners kidnapped the defacto complainant's minor daughter, namely Sheela who is 16 years at the time of occurrence and the first petitioner married her. Now the learned counsel for the petitioners has filed affidavit stating that the first petitioner and the said Sheela got married on 22.11.2019 after she attained majority on 20.11.2019, and the matter has been settled between the petitioners and the defacto complainant, and he also prayed to quash the proceedings in PRC.No.29 of 2019 on the file of Judicial Magistrate, Tiruchengode insofar as the petitioners. https://hcservices.ecourts.gov.in/hcservices/

3. The relevant portion of the affidavit is extracted hereunder:

"3.The petitioners submit that subsequently the first petitioner the defacto complainant compromised themselves and accordingly after the victim girl Sheela attained majoriy on 20.11.2019, the first petitioner and victim girl got married on 22.11.2019 with their parents blessing and hence the defacto complainant has no objection to quash the charge sheet."

4. In view of the affidavit filed by the learned counsel for the petitioners, this criminal original petition is allowed, and the entire proceedings in PRC.No.29 of 2019 on the file of Judicial Magistrate, Tiruchengode in respect of the petitioners is quashed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate, Thiruchengode.

2. The Inspector of Police, All Women Police Station, Thiruchengodu, Namakkal District.

3. The Public Prosecutor High Court of Madras, Chennai.

+1cc to M/s.C.S.Saravanan, Advocate Sr.21536 Crl.O.P.No.5656 of 2020 ppa[co] srg 21/07/2020 https://hcservices.ecourts.gov.in/hcservices/