The High Court allowed a criminal petition under Section 482 CrPC to quash proceedings for abduction under Section 366 IPC, noting the victim later eloped voluntarily, married the accused, and led a happy marital life.
Criminal proceedings against the petitioner in Crime No.42 of 2010 were 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.
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2155 OF 2010
ORDER:
This Criminal Petition is filed by the petitioner-accused under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings in Crime No.42 of 2010 on the file of the Chebrolu Police Station, Guntur District, for the offence punishable under Section 366 IPC.
Heard and perused the material available on record.
The de facto complainant lodged the complaint alleging that her daughter viz., Usha Devi was forcibly taken away by the petitioner herein.
During pendency of this petition, the daughter of the de factocomplainant filed an affidavit before this Court stating that she married the petitioner on 21.2.2010 in Sri Lakshmi Padmavathi Sametha Sri Venkateswara Swamy Temple, Vykuntapuram, Tenali, Guntur District and she is leading happy marital life with him. She also filed photographs along with her affidavit.
On perusal of the affidavit and the photographs, it is evident that the daughter of the de facto-complainant eloped with the petitioner on her own accord and she married him and now, she is leading a happy marital life with him. In view of the same, this Court is inclined to quash the proceedings against the petitioner in the above Crime.
Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner in Crime No.42 of 2010 on the file of the Chebrolu Police Station, Guntur District.
Consequently, the miscellaneous petitions, if any pending in this petition, stand closed.
_____________________ JUSTICE RAJA ELANGO
Dated : 8.11.2012 Nn
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2155 OF 2010
8.11.2012
Nn
1 issue framed by the court
Whether the criminal proceedings for abducting a woman can be quashed when she voluntarily eloped and married the accused and is leading a happy life.
2 provisions across 2 enactments
Petitioner-Accused
Daughter of the de facto complainant
De facto Complainant
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
