Madras High CourtCRL OP(MD)/15249/2016allowed

Gowtham v. The Sub Inspector Of Police

2016-08-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P(MD)No.15249 of 2016 1.Gowtham 2.Ganagaraj 3.Vasanth 4.Abinash 5.Pandian .. Petitioners .Vs.

1.The State through Sub Inspector of Police, Gudalur South Police Station Theni District (Crime No.233/2015) 2.Thangadurai .. Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records of the case in Crime No.233/2015 on the file of the 1st respondent police and quash the same.

For Petitioner :Mr.S.Sundarapandian For Respondents : Mr.A.P.Balasubramani for R1 Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking to quash the case in Crime No.233/2015 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the 1st respondent.

3. The 1st respondent has registered a case in Crime No.233/2015 against the petitioners for offences under Sections 366(A) IPC. The case of the de-facto complainant is that her daughter Abarna was kidnapped from his lawful guardianship by the 1st petitioner/A1/Gowtham. The date of birth of the daughter of the de-facto complainant is stated to be 17.06.1998 in the complaint.

4. The learned counsel for the petitioners would submit that the petitioners are not the accused and the 1st petitioner is the husband of the victim girl and both of them got married. Aggrieved over the marriage and suppressing the fact, the 2nd respondent/father has preferred the present complaint stating that her daughter had been kidnapped from his lawful guardianship. https://hcservices.ecourts.gov.in/hcservices/

5. The victim girl and the 1st petitioner are present before this Court today. Both of them submitted that they got married on 01.07.2016. Photographs have been filed to show that they are married. The de-facto complainant/father was not agreeable for the marriage proposal and as the daughter, who was adamant in getting the 1st petitioner/A1 married to her, the present complaint has been given and pursuant to which, case has been registered against the petitioners.

6. Under such circumstances and considering the fact that the victim girl, who is personally present before this Court, stated that she got married the 1st petitioner, there is no question of kidnapping as stated in the complaint. Therefore, the case is liable to be quashed against the petitioners herein. Accordingly, the criminal original petition is allowed and the case in Crime No.233/2015 is ordered to be quashed. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Sub Inspector of Police, Gudalur South Police Station Theni District 2.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.S.Sundarapandian, Advocate, SR.No.46304 RR RL/4C/2P/SK/SKN/8/9/2016 Crl.O.P(MD)No.15249 of 2016 22.08.2016 https://hcservices.ecourts.gov.in/hcservices/