Madras High CourtCRL OP(MD)/16139/2018allowed

Karthikeyan@Mukundan v. The Inspector Of Police

2018-09-17Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.16139 of 2018 and Crl.M.P.(MD)No.7153 of 2018 Karthikeyan @ Mukundan ... Petitioner/Accused No.1 Vs 1.The State represented by its, Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

Crime No.159 of 2018 ..1st Respondent/Complainant 2.Muhammed Faruk ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records in Crime No.159 of 2018 on the file of the respondent police and quash the same as against this petitioner.

For Petitioner : Mr.T.A.Ebenezer For R1 : Mrs.S.Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed to quash the F.I.R in Crime No.159 of 2018 pending on the file of the first respondent. The F.I.R was registered for an offence under Section 147, 148, 452, 366 and 506 (ii) of IPC.

2.The sum and substance of the complaint is that the defacto complainant's daughter namely, Yashini was taken away by the accused persons from lawful custody of the defacto complainant. 3.The first respondent police have examined the said Yashini and she has given a categorical statement that she has voluntarily gone with the petitioner and has also married him on 05.09.2018 and both of them are living together happily.

4.The victim herself has given a statement and therefore, the entire complaint given by the defacto complainant becomes stale. 5.The victim namely Yashini, was aged about 20 years at the time of alleged incident and as a major, she was entitled to take a decision on her own and she has chosen to marry the petitioner herein. No offence has been made out against any of the accused https://hcservices.ecourts.gov.in/hcservices/

persons.

6.Accordingly, this criminal original petition is allowed and F.I.R in Crime No.159 of 2018 is hereby quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

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

• 1 CC TO Mr.T.A.Ebenezer , ADVOCATE IN SR No.84513. ARUL DS SKN SAR-3 22 10 2018 2P 4C CRL.O.P.(MD)No.16139 of 2018 and Crl.M.P.(MD)No.7153 of 2018 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/