M.Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI and Crl.M.P.(MD)No.360 of 2021 1.M.Sivakumar 2.Mayi 3.Murugeswari 4.Ramu 5.Nivedha 6.Palpandi

...Petitioners

Vs 1.The Inspector of Police, Valandhur Police Station, Usilampatti Taluk, Madurai District.

Crime No.18 of 2020 2.O.Lingam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the impugned FIR in Crime No.18 of 2020 dated 11.02.2020 pending on the file of the respondent Police and quash the same.

For Petitioners : Mr.J.Selvin Rajesh For M/s.Dictum Law Firm For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side) 1/4

ORDER

This petition is filed to quash the impugned FIR in Crime No.18 of 2020 dated 11.02.2020, pending on the file of the first respondent. 2.On the side of the petitioners, it is stated that the complainant is the father of the missing girl. There was love affair between the first petitioner and the victim lady. Both of them eloped and a case was registered under the caption 'women missing' on 09.02.2020 and subsequently, the case was altered into Section 366 of IPC. A counter case in Crime No.19 of 2020 was registered by the petitioners against the defacto complainant and others for attacking the petitioners.

3.On the side of the petitioners, it is further stated that the first petitioner and the victim lady, who alleged to have been abducted, got married and they got two years old baby and prayed the FIR to be quashed. 4.The victim lady was present before this Court. The Aadhar card was verified and her birth date is 10.04.2000. The alleged occurrence is on 11.04.2020. The said Kamali has given a statement before this Court that she went with the first petitioner out of her own will and later they got married. 2/4

5.Based on the statement given by the victim lady, it is seen that the victim lady eloped with the first petitioner and hence, it is decided that there is nothing survives for adjudication in this petition and FIR is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 23.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Inspector of Police, Valandhur Police Station, Usilampatti Taluk, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R. THARANI,J.

Mrn 23.03.2023 4/4