Petitioners sought quashing of an FIR alleging abduction of a female. The victim appeared before the court, verified details, and stated she eloped with the first petitioner voluntarily. The court held there was no case for adjudication and allowed the petition.
The Criminal Original Petition is allowed and the impugned FIR is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD).No.811 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE R.THARANI Crl.O.P(MD).No.811 of 2021 and Crl.M.P.(MD)No.360 of 2021
1.M.Sivakumar
6.Palpandi
...Petitioners
Vs
1.The Inspector of Police, Valandhur Police Station, Usilampatti Taluk, Madurai District. Crime No.18 of 2020
2.O.Lingam
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the impugned FIR in Crime No.18 of 2020 dated 11.02.2020 pending on the file of the respondent Police and quash the same.
For Petitioners : Mr.J.Selvin Rajesh For M/s.Dictum Law Firm For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side)
1/4
Crl.O.P(MD).No.811 of 2021
ORDER
This petition is filed to quash the impugned FIR in Crime No.18 of 2020 dated 11.02.2020, pending on the file of the first respondent.
2.On the side of the petitioners, it is stated that the complainant is the father of the missing girl. There was love affair between the first petitioner and the victim lady. Both of them eloped and a case was registered under the caption 'women missing' on 09.02.2020 and subsequently, the case was altered into Section 366 of IPC. A counter case in Crime No.19 of 2020 was registered by the petitioners against the defacto complainant and others for attacking the petitioners.
3.On the side of the petitioners, it is further stated that the first petitioner and the victim lady, who alleged to have been abducted, got married and they got two years old baby and prayed the FIR to be quashed.
4.The victim lady was present before this Court. The Aadhar card was verified and her birth date is 10.04.2000. The alleged occurrence is on 11.04.2020. The said Kamali has given a statement before this Court that she went with the first petitioner out of her own will and later they got married.
2/4
Crl.O.P(MD).No.811 of 2021
23.03.2023
NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn
To
3/4
Crl.O.P(MD).No.811 of 2021
R. THARANI,J.
Mrn
Crl.O.P(MD).No.811 of 2021
23.03.2023
4/4
2 issues framed by the court
Whether the FIR regarding abduction and kidnapping should be quashed when the victim voluntarily eloped and married the first petitioner.
Whether discharge of the victim before the court supports the quashing of the criminal proceedings.
1 provisions across 1 enactments
M.Sivakumar
Mayi
Murugeswari
Ramu
Nivedha
The Inspector of Police, Valandhur Police Station, Usilampatti Taluk, Madurai District
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
