Madras High CourtCRL OP(MD)/12260/2021allowed

Rajaprabu v. The Inspector Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.12260 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12260 of 2021 Rajaprabhu ... Petitioner/Accused No.1 Vs.

1.State through The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.733 of 2012) ... Respondent No.1/Complainant 2.Sukanya

...Respondent No.2/

Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records relating to the first information report in Crime No.733 of 2012 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.C.Gunasekaran For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

Mr.C.Satheesh for R2

O R D E R

This criminal original petition has been filed for quashing the impugned FIR in Crime No.733 of 2012 registered on the file of the first respondent.

2.The defacto complainant/Sukanya is present before this Court. She is duly identified by Mr.Jeyakumar, the Sub Inspector of Police attached to Melur Police Station. The petitioner and the second respondent have got married to each other in the year 2012 itself. Three children namely, Yuvaraj, Suchitrasri and Sadhana were born through the wedlock. All the children are present before this Court. When the petitioner and the second respondent have united and are leading a peaceful matrimonial life https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12260 of 2021 as it is evident from the giving birth to three children, no purpose will be served in keeping the impugned prosecution alive. In the interest of justice, the impugned FIR is quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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.The Inspector of Police, Melur Police Station, Madurai District.

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

+1 CC to M/s.S.J.CHAKKKARAVARTHY, Advocate ( SR-33968[F] dated 10/11/2021 ) Crl.O.P(MD)No.12260 of 2021 10.11.2021 RK(02/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2