Madras High CourtCRL OP(MD)/6204/2016allowed

K.Vijay v. The Superintendent Of Police

2017-06-30Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6204 of 2016 and Crl.M.P.(MD) Nos.3089 and 11877 of 2016 K.Vijay ... Petitioner/Accused not known -vs1. The Superintendent of Police Virudhunagar, Virudhunagar District.

2. The Inspector of Police, Kovilpatti, Kovilpatti West Police, Thoothukudi District.

... Respondent/Complainant 3.Sekar ... Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to the proceedings in Crime No.501 of 2015 dated 21.06.2015 registered by the 2nd respondent Inspector and now on the file of the Superintendent of Police, Virudhunagar District and to quash the same and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.G.Chandrasekar For R1 & R2 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For R3 : Mr.V.Sasikumar *****

O R D E R

This petition has been filed to call for the records relating to the proceedings in Crime No.501 of 2015 dated 21.06.2015 registered by the 2nd respondent Inspector and now on the file of the Superintendent of Police, Virudhunagar District and to quash the same.

2. On the complaint lodged by Sekar/R3, the respondent police registered a case in Crime No.501 of 2015 on 21.06.2015 for Girl Missing. It is the case of Sekar that his daughter Poun Selvi had gone missing on 20.06.2015. The Inspector of Police, Kovilpatti West Police Station secured Poun Selvi and she was produced before the learned Judicial Magistrate No.I, Kovilpatti, wherein she has given a statement that she was not abducted or

kidnapped by anybody and she had gone on her own volition to her relative's house in Bathlakundu in search of a job. Her statement was recorded by the learned Judicial Magistrate No.I, Kovilpatti on 04.07.2015. On the strength of her statement before the Magistrate, the Inspector of Police, Kovilpatti closed the investigation in Crime No.501 of 2015. Aggrieved by that, Sekar filed Crl.O.P.(MD) No.22999 of 2015 for transfer of investigation and this Court, by order dated 04.12.2015 transferred the investigation of the case to the Superintendent of Police, Virudhunagar District. Now, the case is pending investigation on the file of the Superintendent of Police, Virudhunagar District. In the meantime, Poun Selvi attained the age of majority and got married to Vijay on 28.12.2015 and their marriage has also been registered. Hence, this petition has been filed by Vijay for quashing the FIR in Crime No.501 of 2015.

3. Today, the Deputy Superintendent of Police, Kovilpatti is present. Vijay, his wife Poun Selvi and Sekar are also present before this Court.

4. Learned counsel for Sekar submitted that the Girl Missing FIR in Crime No.501 of 2015 should not be quashed and Vijay should be prosecuted for having abducted Poun Selvi.

5. This Court gave its anxious consideration to the rival submissions.

6. The case in Crime No.501 of 2015 is not for any IPC offences and the same has been registered only for girl missing. Poun Selvi was secured by the Police and she was produced before the learned Judicial Magistrate No.I, Kovilpatti on 04.07.2015, wherein she has clearly stated that she had gone in search of employment to Bathlakundu and she was not abducted or kidnapped by anybody. With that, this case should have ended. After she was produced before the learned Judicial Magistrate No.I, Kovilpatti, she joined her father Sekar. Poun Selvi waited till 09.12.2015 to attain the age of majority and thereafter, on 27.12.2015, she ran away from her house and got married to Vijay.

7. Under such circumstances, this Court is of the view that this is a fit case in which the case in Crime No.501 of 2015 deserves to be closed, as it is only a Girl Missing case. The Police cannot file any alteration FIR in Crime No.501 of 2015 for altering the offences in the light of the fact that Poun Selvi was secured once on 04.07.2015 and was entrusted to her father Sekar and she ran away only on 27.12.2015 after attaining the age of majority and got married to Vijay.

8. In the result, this petition is allowed and the FIR in Crime No.501 of 2015 on the file of the 2nd respondent police is hereby closed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To:

1.The Superintendent of Police Virudhunagar, Virudhunagar District.

2. The Inspector of Police, Kovilpatti, Kovilpatti West Police, Thoothukudi District.

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

+One cc to Mr.G.Chandrasekar, Advocate, SR.No.62914 +One cc to Mr.V.Sasikumar, Advocate, SR.No.63025 ar RL/6C/3P/KP/SAR1/10/7/2017 Crl.O.P.(MD) No.6204 of 2016 30/06/2017 ( 1 /2 )