Sathiyamoorthy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.25798 of 2018 1.Sathiyamoorthy, 2.Suriya Prakash, 3.Sivasankar, 4.Sabarinathan, 5.Sridhar.

... Petitioners -vs1. State Rep by Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

2. Chinnasamy, S/o.Chinnaperumal.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to call for the records pending on the file of the 1st respondent in Crime No.1 of 2018 and quash the Criminal Proceeding.

For Petitioner : Mr.E.Kannadasan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor.

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O R D E R

This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No.1 of 2018, pending on the file of the 1st respondent.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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3.The victim as well as the defacto complainant were present in the Court. That apart, all the petitioners, who have been arrayed as an accused in the case were also present in the Court.

4.This Court, personally enquired the defacto complainant as well as the victim and they made a statement that the victim has already married Sathiyamoorthy, the 1st petitioner herein on 04.02.2018. The 164 statement given by the victim was also placed before this Court. Even in the statement, it is seen that the victim and the first petitioner are related with each other and after marriage, they both have started living together.

The father of the victim viz., the defacto complainant also reiterated the very same facts stated by the victim.

5.This Court finds that no useful purpose will be served by keeping this case pending. The pendency of this case will unnecessarily affect the life of the victim and the first petitioner, who are already married.

6.In the facts and circumstances of the case, the F.I.R., in Crime No.1 of 2018 is hereby quashed. Accordingly, the Criminal Original Petition is closed.

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

1. The Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.E.Kannadasan, Advocate, S.R.No.76876 Crl.O.P.No.25798 of 2018 GP(CO) SSM(04/12/2018) https://hcservices.ecourts.gov.in/hcservices/