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Madras High CourtCRL OP(MD)/11936/2021dismissed as infructuous

R.Tharikka Sri @ Thara Falaq v. The Inspector Of Police

2021-08-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11936 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/08/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11936 of 2021 and Crl.M.P(MD)No.6100 of 2021 1.R.Tharikka Sri @ TharaFalag 2.M.Rohith Ali ... Petitioners Vs.

1.The Inspector of Police, Uchipuli Police Station, Ramanathapuram (Crime No.61 of 2021) ... 1st Respondent/Complainant 2.S.Thiruvasagam .. 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the summon issued by the first respondent under Section 41(A)(1) of Criminal Procedure Code dated 27.07.2021 in Crime No. 61 of 2021 dated 18.02.2021 to the petitioners herein on the file of the first respondent police.

For Petitioners : Mr.J.Prakasam For R-1 : Mr.K.Sanjay Gandhi Government Advocate(crl side)

O R D E R

This petition has been filed seeking quashment of summon issued by the first respondent under Section 41(A)(1) of Criminal Procedure Code dated 27.07.2021 in Crime No. 61 of 2021 dated 18.02.2021 directing the petitioner to appear before the Judicial Magistrte No.2, Ramanathapuram.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the complaint given by the second respondent herein, case in Crime No.61 of 2021 has been registered under the caption 'woman missing'. The first petitioner, who is the daughter of the second respondent herein and the second petitioner fell in love and got married which was not liked by the second respondent. So the second respondent lodged a complaint stating that the first petitioner went missing. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11936 of 2021

3. The learned counsel for the petitioner would submit that statement was recorded by the first respondent herein in her house.

4. The learned Additional Public Prosecutor would submit that based upon the enquiry undertaken by the first respondent, it is seen that the petitioners married with each other and the defacto complainant has given statement to the effect that both petitioners after marriage are living happily in Ambur and the first petitioner is also now conceived. So no further action is required on the basis of the complaint given by the second respondent. On that ground, further action was dropped. A copy of the further action drop report is circulated to this Court. Hence, nothing survives for further consideration or direction in this petition.

5. Recording the submission of the learned Additional Public Prosecutor this petition is disposed of as infructuous. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.TheInspector of Police, Uchipuli Police Station, Ramanathapuram 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.11936 of 2021 and Crl.M.P(MD)No.6100 of 2021 23.08.2021 RD(1.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2