Murugesan v. The Inspector Of Police

Crl.O.P.(MD).No. 14746 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No. 14746 of 2018 and Crl.M.P.(MD) No. 6549 of 2018 Murugesan ...

Petitioner/sole accused Vs.

1. The Inspector of Police, S.V. Karai Police Station, Tirunelveli District.

...1st Respondent/Complainant

2. Gunasekaran ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR in Crime No. 80 of 2018 on the file of the Inspector of Police, S.V. Karai Police Station, Tirunelveli District against this petitioner. For Petitioner : Mr.N. Shankar Ganesh For R-1 : M/s. S. Bharathi Government Advocate For R-2 :No Appearance

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No. 80 of 2018 on the file of the Inspector of Police, S.V. Karai Police Station, Tirunelveli District against this petitioner.

2. The learned counsel appearing for the petitioner submitted that the second respondent has lodged a complaint alleging that his daughter was missing and on receipt of the said complaint, the first respondent police has registered a case in Crime No. 80 of 2018 for the offence under Section "Girl Missing". After investigation, the victim/Kalaiselvi, the daughter of the second respondent eloped with the petitioner and also got married. He further submitted that the victim is aged about 23 years at the time of occurrence. The petitioner fall in love with her and got married. Therefore, the second respondent has objected the same and lodged a complaint as against the petitioner. Hence, he prays to quash the FIR.

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Crl.O.P.(MD).No. 14746 of 2018

3. It is seen from the records that in fact, the second respondent has also filed HCP before this Court in HCP No. 960 of 2018 and she appeared before the Division Bench of this Court and stated that she got married with the petitioner and living happily. After recording the statement, the aforesaid HCP was closed and hence, the pendency of the FIR would not serve any purpose, since the victim/daughter of the second respondent married with the petitioner and living happily.

4. In view of the aforesaid discussions, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Inspector of Police, S.V. Karai Police Station, Tirunelveli District.

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

+1 CC to MR.N.SHANKAR GANESH, Advocate ( SR-102347[F] dated 28/11/2019 ) Crl.O.P.(MD).No.14746 of 2018 26.11.2019 KM/(18.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2