P.Dhamayanthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19407 of 2010 and MP No.1 of 2010 P.Dhamayanthi ... Petitioner Vs 1 State rep by The Inspector of Police R7, Kalaignar Karunanidhi Nagar Police Station Kalaignar Karunanidhi Nagar, Chennai 600 078.

2 K.Palanisamy .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the First Information Report in Crime No.476 of 2010 on the file of the respondent. For Petitioner :Mr.S.Kumara Devan For Respondent 1 :Mr.C.Emalias Additional Public Prosecutor For Respondent 2 :Mr.J.Thooyamani

ORDER

This petition has been filed to call for the records and quash the First Information Report in Crime No.476 of 2010 on the file of the first respondent.

2. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3. When the matter was taken up for hearing, Mr.Kumaradevan, learned counsel appearing for the petitioner submitted that, the parties have taken change of vakalat. This Court perused the FIR.

4. On the complaint lodged by Palanisamy F/o. Dhamayanthi that she has gone missing, the first respondent police registered a case for girl missing" in Crime No:476 of 2010 on 10.07.2010, challenging which Dhamayanthi herself is before this Court. https://hcservices.ecourts.gov.in/hcservices/

5. According to Dhamayanthi, she was in love with one Robert Kamalraj, who belongs to a different community and that she had gone with him, as her parents were against the marriage.

6. In the affidavit filed by her, she has stated that, she got married to Robert Kamalraj on 19.07.2010 and their marriage has been registered in the Office of the Sub-Registrar, Royapuram.

7. On instructions, learned Additional Public Prosecutor submitted that, Dhamayanthi and Robert Kamalraj are living together.

8. Under such circumstances, the first respondent police is directed to close the FIR in Crime No.476 of 2010.

9. With the above direction, this petition is closed. Consequently connected Miscellaneous Petition is also closed.

10. Today, Ms.K.Sundarambal, 25092, R7 K.K.Nagar Police Station, is present before this Court.

11. Learned Additional Public Prosecutor submitted that, even the station FIR is missing. Recording the same, the first respondent police is permitted to reconstruct the papers, if copy is available in the office of the Public Prosecutor and close the FIR.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar dpq/gms To 1.The Inspector of Police R7, Kalaignar Karunanidhi Nagar Police Station Kalaignar Karunanidhi Nagar, Chennai 600 078.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/S S.Kumaradevan, Advocate Sr.53913 Crl.OP No.19407 of 2010 and MP No.1 of 2010 EV(CO) RVR 24/10/2016 https://hcservices.ecourts.gov.in/hcservices/