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Madras High CourtWP/9375/2024allowed

Arunkumar v. The State

2025-02-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Writ Petition No.9375 of 2024 and W.M.P.No.10387 of 2024 Arunkumar ... Petitioner Vs.

The State Rep. by the Inspector of Police, AWPS -Poonamallee.

(Crime No.2 of 2023) ... Respondent PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records of Look out Circular issued by the respondent to arrest the petitioner on his arrival to India in relation to F.I.R.No.2 of 2023 on the file of the respondent police.

For Petitioner : Mr.A.K.Sriram Senior Counsel for Mr.A.S.Kailasam and Associates For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) - - - - -

ORDER

The present Writ Petition has been filed challenging a Look out Circular issued by the respondent as against the petitioner in pursuance of registration of F.I.R.No.2 of 2023 for the offence under Sections 498 (A), 294 (b), 324, 420, 506 (1) of I.P.C. and Section 4 of the Dowry Prohibition Act.

2. In view of the interim order passed by this Court, the petitioner visited India and filed an anticipatory bail before this Court in Crl.O.P.No.6030 of 2024. On 05.07.2024, when the Criminal Original Petition was listed, the petitioner as well as the defacto complainant appeared before this Court and temporarily arrived at an amicable settlement between them. Accordingly, the case registered as against the petitioner is kept in abeyance till final settlement on condition that the petitioner shall pay a sum of Rs.50,000/- to the defacto complainant and his child as monthly maintenance. Accordingly, the petitioner has been complying such condition.

3. In view of the above, the pendency of the case in Crime No.2 of 2023 would not survive any purpose. Hence, the Look out Circular issued by the respondent in relation to F.I.R.No.2 of 2023 on the file of the respondent police is hereby quashed. However, whenever the petitioner intends to visit abroad, the petitioner shall obtain prior permission from the respondent to visit abroad.

4. In the result, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

21.02.2025 asi To

1. The Inspector of Police, AWPS -Poonamallee.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

asi Writ Petition No.9375 of 2024 and W.M.P.No.10387 of 2024 21.02.2025