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Madras High CourtCRL OP/19591/2019disposed of

S.Brindha v. The Inspector Of Police,

2019-08-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.19591 of 2019 1.S.Brindha 2.N.Sakthivel 3.S.Janaki ... Petitioners vs.

The Inspector of Police, Thingalur Police Station, Erode District.

Crime No.192 of 2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent police not to harass the petitioners by foisting false cases. For Petitioner : Mr.A.Gokulakrishnan For Respondent : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed for a direction to the respondent police not to harass the petitioners in the name of enquiry.

2. The learned Government Advocate on instructions, submitted that already an FIR has been registered in Crime No.192 of 2019 and the investigation is pending.

3. The respondent police registered the FIR based on the complaint given by one Dinesh Kumar on the ground that his wife Brindha was forcibly taken away by her parents and she has been illegally detained in the house of her parents.

4. This Court directed the victim girl and her parents to be present before this Court. This Court had deliberated the issue with them in detail and explained the parents that their daughter has already become a major and they cannot act against her interest, since she has already married the above said Dinesh Kumar. This Court also gave them time to think over it and report before this Court. In the mean time, the parents were also directed to report before the respondent police and give an undertaking that they will not exert any threat or force their daughter against her interest.

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5. When the matter was taken up today, the learned Government Advocate appearing on behalf of the respondent police submitted the statement that was given by the victim girl and the above said Dineshkumar. A reading of these letters shows that now Dinesh Kumar and the victim girl have joined together and they are living in the matrimonial home.

6. The parents of the victim girl who were present before this Court informed this Court that they want to amicably settle this dispute in the interest of their daughter.

7. Taking into consideration the facts and circumstances of the case, no useful purpose will be served by keeping the FIR pending and the pendency of the FIR will only prove to be a stumbling block for the parties to come to a mutual settlement.

8. In view of the above development and the specific undertaking given by the parents of the victim girl that they will not interfere with the life of their daughter and that they will also amicably settle the dispute and accept the marriage, this Court is inclined to quash the FIR in Crime No.192 of 2019 pending on the file of the respondent police.

9. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Thingalur Police Station, Erode District.

2.The Public Prosecutor High Court of Madras.

+1 cc to M/s.A.Gokulakrishnan,Advocate Sr.No. 67707 AKM/14.09.19/2P-4C / Crl.O.P No.19591 of 2019 https://hcservices.ecourts.gov.in/hcservices/