Madras High CourtCRL OP(MD)/18215/2021allowed

Irulandi v. The Inspector Of Police

2021-11-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18215 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18215 of 2021 1.Irulandi 2.Chinnamaruthan 3.Vijay 4.Subbash 5.Barath 6.Malaisamy 7.Rajagopal ... Petitioners/Accused Nos.1 to 7 vs.

1.The State Rep. by The Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.315/2020) ... 1st Respondent/Complainant

2. Karthigeyaselvam ...2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the FIR relating to Cr.No.315 of 2020 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.S.Ramasamy For R1 : Mr.M.Sakthikumar Government Advocate For R2 : Mr.T.Karthigai Deeba

O R D E R

This Criminal Original Petition has been filed to quash the impugned FIR in Crime No.315 of 2020 registered on the file of the Amathur Police Station for the offences under Sections 147, 341, 323 and 365 of IPC.

2.The defacto complainant Karthigeyaselvam is present in person before me. He has been duly identified by Thiru.M.Karuppasamy, SSI of Police attached to Amathur Police Station, Virudhunagar District. The case of the defacto complainant is that the petitioners have abducted his wife Selvi Eswari. The first petitioner Irulandi is none other than the father of Selvi Eswari. The other petitioners are close relatives. At present, Kathigeyaselvam and Selvi Eswari are together. Selvi Eswari is also pregnant. The first petitioner Irulandi has accepted the marriage between the defacto complainant and his daughter. The continuation of the impugned prosecution will spell ruin to all the parties. When the defacto complainant and his wife are living together and the first petitioner has also accepted https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18215 of 2021 the same, no purpose will be served in keeping the prosecution alive. The impugned FIR is quashed. This Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Amathur Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.18215 of 2021 22.11.2021 SMV(CO) GC(02.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2