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Madras High CourtCRL OP/28554/2018allowed

Sundaresan v. State Represented By

2018-12-12Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28554 of 2018 Sundhar@Sundaresan ... Petitioner/Sole Accused -vs1.State Represented by The Inspector of Police, All Women Police Station, Omalur, Salem District.

(Crime No.22/2018) 2.Kamala ... Respondents/Complainant/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code to call for the records relating to the FIR in Crime No.22 of 2018 on the file of the Inspector of Police, All Women Police Station, Omalur, Salem District and to quash the same and to allow the above Criminal Original Petition. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This petition has been filed seeking to quash the FIR in Crime No.22 of 2018 pending on the file of the 1st respondent. 2.

Based on the complaint given by the mother of the victim, the respondent police have registered an FIR for an offence under Section 363 of IPC.

https://hcservices.ecourts.gov.in/hcservices/

3.

Today, the 2nd respondent, her daughter Kalpana and the petitioner were present before the Court. The 2nd respondent made a categorical statement that arrangements are being made to get her daughter Kalpana marry to the petitioner. She also stated that her daughter was not kidnapped and she went on her own with the petitioner and she also stated that the complaint can be closed.

3. The victim girl Kalpana also stated that she had a love affair with the petitioner and the petitioner never kidnapped her.

4. In view of the above, no useful purpose will be served in keeping the FIR pending. It will unnecessarily affect the future of the petitioner and the victim girl Kalpana.

5. In the result the FIR in Crime No. 22 of 2018 on the file of the 1st respondent Police is hereby quashed and accordingly, this Criminal Original petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr/rka To 1.The Inspector of Police, All Women Police Station, Omalur, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate sr.no.86431 CRL.O.P.No.28554 of 2018 gj(co) nr 09/01/2019 https://hcservices.ecourts.gov.in/hcservices/