Madras High CourtCRL OP(MD)/4134/2017closed

Rathies v. The Inspector Of Police

2017-04-17Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4134 of 2017 Rathies ... Petitioner/Sole Accused -vs1.The State rep. by the Inspector of Police, Subramaniyapuram Police Station, Madurai, Madurai District.

Crime No.589/2012 ... Respondent/Complainant 2.P.Madasamy ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in crime No.589/2012 on the file of the Inspector of Police, Subramaniyapuram Police Station, Madurai, Madurai District quash the same on the ground of compromise forthwith.

For Petitioner : Mr.S.Palanivelayutham For Respondents : Mr.K.Anbarasan Government Advocate (Crl. side) *****

O R D E R

On the complaint lodged by the 2nd respondent Madasamy alleging that his daughter Malathi was kidnapped, the respondent police registered a case in Crime No.589/2012 under Section 366(A) IPC on 19.07.2012. Malathi was secured.

2. Now, all the parties are before this Court for quashing the FIR on the ground that the accused Rathies has married Malathi and they have one child through the wedlock.

3. Today, Mr.Madasamy, his wife, their daughter Malathi and Rathies are present. They have also filed a compromise memo. However, the learned Government Advocate submitted that the investigation in Crime No.589/2012 was completed and the case was closed as action dropped as early as on 08.09.2012. However, the closure report has not been filed before the jurisdictional Magistrate.

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

4. In view of the above, the entire prosecution in Crime No.589/2012 is hereby quashed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To (*)JOINT COMPROMISE MEMO DATED 6.4.2017 ARE ENCLOSED HEREWITH 1.The Inspector of Police, Subramaniyapuram Police Station, Madurai, Madurai District.

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

+One cc to Mr.S.Palanivelayutham, Advocate, SR.No.52421 RR RL/4C/2P/MR/SAR2/27.4.2017 Crl.O.P.(MD)No.4134 of 2017 17.04.2017 https://hcservices.ecourts.gov.in/hcservices/