Jones v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.9841 OF 2022 AND CRL.M.P.NO.5780 OF 2022
1. Jones
2. Meera ... Petitioners/Accused 2 & 3 Vs.
1. State of Tamil Nadu, Represented by, The Inspector of Police, AWPS Police Station, Tambaram, Chengalpattu District.
2. Gracy ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to call for the records in FIR Crime No.18 of 2021 now pending investigation on the file of the first respondent and quash the same against the petitioners. For Petitioners : Mr.Praveen Alexander For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report filed in Crime No.18 of 2021 on the file of the first respondent police for the offence under Sections 417 and 376 IPC.
2. The present petitioners are arrayed as A2 & A3, who are the parents of A1. The entire allegation in the FIR clearly https://hcservices.ecourts.gov.in/hcservices/
indicates that there is a love affair between the de-facto complainant/R2 and A1 for some time, therefore, the same has not fructified to marriage. The only allegation against the petitioners is that the mother of A1/second petitioner herein, had also said to the de-facto complainant/R2 that she will agree for marriage, however she has blocked the phone number. Except that there is no allegations against the petitioners. The very allegation against the petitioners appears to be artificial and without any substance and the nature of allegations against the petitioners itself indicate that they have been unnecessarily roped in this case.
3. In such view of the matter, this Court is of the view of that continuing the prosecution as against the petitioners is nothing but an abuse of process of law. Therefore, the proceedings in Crime No.18 of 2021 on the file of the first respondent police as against the petitioners alone is quashed. The respondent Police is directed to continue the investigation as against A1 as per law.
4. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ham/rgi To 1.
The Inspector of Police, AWPS Police Station, Tambaram, Chengalpattu District.
2.
The Public Prosecutor, High Court of Madras.
Crl.O.P.No.9841 of 2022 and Crl.M.P.No.5780 of 2022 VG-II(CO) RLP(07/07/2022) https://hcservices.ecourts.gov.in/hcservices/