Madras High Court
K.Dhayalan vs The State Through on 26 November, 2021
Crl.O.P.(MD)No.14221 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P.(MD)No.14221 of 2021
and
Crl.M.P.(MD)No.7435 of 2021
1.K.Dhayalan
2.T.Kathiresan
3.K.Gowsalya
4.K.Kottaisamy
5.T.Babu
6.S.Prabakaran ... Petitioners/Petitioners/
Accused Nos. 1 to 6
vs.
1. The State through
The Inspector of Police,
Bodinayakanoor Town Police Station,
Theni District.
(Crime No.50 of 2021) ... 1st Respondent/
De jure Complainant
2. M.Karuppiah ... 2nd Respondent/
De-facto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to
call for the entire records connected with the case in Crime No.50 of
2021 pending on the file of the first respondent and quash the same as
illegal.
https://www.mhc.tn.gov.in/judis
1/5
Crl.O.P.(MD)No.14221 of 2021
For Petitioners : Mr.S.Malaikani
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor for R1
Mrs.R.Jenifar Bibin for R2
ORDER
This Criminal Original Petition has been filed for quashing the FIR
in Crime No.50 of 2021 registered on the file of the Bodinayakkanur
Town Police Station.
2. The de-facto complainant is the second respondent herein. The
case of the de-facto complainant is that his minor daughter had been
kidnapped by the petitioners herein. Based on his information, the case
was registered. To quash the same, this Criminal Original Petition has
been filed.
3. The learned counsel appearing for the petitioners reiterated all
the contentions set out in the memorandum of grounds.
4. Per contra, the learned counsel appearing for the de-facto
complainant submitted that on the date when occurrence took place, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14221 of 2021
victim was very much minor girl. According to him, the offence under
Section 366-A IPC is squarely attracted. He would also state that
subsequent marriage between parties cannot wash away a crime that had
already been committed. In this regard, he relies upon the judgment of
Kerala High Court in Crl.M.C.No.5890 of 2020 (P.R.Rahul and another
vs. State of Kerala) dated 26.08.2021.
5. I carefully considered the rival contentions and went through the
materials on record.
6. The contention of the learned counsel for the de-facto
complainant that offence was committed on 10.02.2021 is very much
justified. I do not find fault with the first respondent for having registered
an FIR. The only question is whether the prosecution should be allowed
to continue. The facts remains that the de-facto complainant's daughter
has now attained majority. She was born on 14.02.2003 and she attained
majority on 13.02.2021. After attaining majority, the first petitioner and
the victim have got married to each other on 15.02.2021. In the
circumstances, it would not serve the interest of justice to keep the
prosecution alive. The impugned FIR is quashed. The Criminal Original
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14221 of 2021
Petition is allowed. Consequently, connected miscellaneous petition is
closed.
26.11.2021
Index : Yes/No
Internet : Yes/No
csm/mga
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,
Bodinayakanoor Town Police Station,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14221 of 2021
G.R.SWAMINATHAN, J.
csm/mga
Crl.O.P.(MD)No.14221 of 2021
and
Crl.M.P.(MD)No.7435 of 2021
26.11.2021
https://www.mhc.tn.gov.in/judis
