IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.02.2010 CORAM: THE HON'BLE MR.JUSTICE C.T.SELVAM Crl.O.P.No.11620 of 2007 & M.P. No. 1 of 2007 Suresh Gowsik .. Petitioner/Accused Versus State rep. by The Inspector of Police All Women Police Station Vellore. (Cr. No. 28 of 2006) .. Respondent/Complainant Prayer: Petition filed under Section 482 Cr.P.C seeking for a direction to call for the records of charge sheet in P.R.C. No. 3 of 2007 on the file of the Judicial Magistrate-IV, Vellore and quash the same. For Petitioners : Mr. P.Krishnan For Respondent : Mr. N. Kumanan Government Advocate (Crl.Side) O R D E R Crime No. 28 of 2006 on the file of All Women Police station, Vellore was registered on the complaint of one Jayammal informing that her daughter, who was residing with her sister and doing her second year degree course at the Vellore T.K.M. College, was kidnapped by the petitioner herein on 21.04.2006. The case was registered for an offence punishable under Section 366(A) IPC. On completion of investigation, charge sheet has been filed against the petitioner alleging commission of such offence. Such case is pending committal before the learned Judicial Magistrate No.4, Vellore in P.R.C. No. 3 of 2007. https://hcservices.ecourts.gov.in/hcservices/ 2. The charge sheet reveals that the petitioner and the alleged victim girl by name Leelavathy were in love. It is averred therein that with the intention of kidnapping the victim girl, the accused had forcibly taken her to a temple at Shenbakkam, Vellore despite her protest and forcibly tied a 'Thali' around her neck without her consent. It also states that the petitioner / accused took the victim minor girl to the office of the Registrar of Marriage, Vellore wherein the marriage was registered. 3. The Section 161 Cr.P.C. statement of Leelavathy informs that she and the petitioner were in love. The petitioner, through his fond utterances, convinced her to enter into marriage on 20.04.2006 and he forcibly took her to a temple and tied a 'Thali' around her next despite her protest. It further informs that the marriage was then registered at the concerned Registration office at Vellore and for their safety, they appeared before the All Women Police Station. The victim girl had been subjected to medical examination on 25.04.2006. The medical certificate issued, besides recording that the girl Leelavathy had a love affair with the petitioner and got married on 20.04.2006 reveals that she had shared a physical relationship with her consent. It is noted that there were no injuries found anywhere in her body. The radiological report informed that the girl was above 20 years of age as on 25.04.2006 and below 21 years of age. Urging that in the circumstances, the charge under Section 366(A) against the petitioner was totally unfounded, learned counsel for the petitioner also informs that even during pendency of the divorce petition in H.M.O.P. No. 57 of 2006 on the file of the Sub-Court, Vellore, the girl Leelavathy had married again on 10.09.2006. Learned counsel would submit that this would be a fit case where this Court would exercise its powers under Section 482 of Cr.P.C. towards avoiding undue hardship to the petitioner. 4. I have heard the learned Government Advocate (Crl.Side) on the submission made by the learned counsel for the petitioner. 5. Viewed in totality, it is apparent that whatever had come out of the relationship shared between the petitioner and the alleged victim girl, their physical relationship was a consensual one between adults. In such scenario, the possibility of the case pending in P.R.C. No. 3 of 2007 on the file of the learned Judicial Magistrate No. IV, Vellore ending in conviction are absolutely bleak. This Criminal Original Petition is allowed and the proceedings in P.R.C. No. 3 of 2007 on the file of the learned Judicial Magistrate No. IV, https://hcservices.ecourts.gov.in/hcservices/ Vellore are hereby quashed. Consequently, connected miscellaneous petitions is closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1. Judicial Magistrate No. IV, Vellore 2 -do- Thro' The Chief Judicial Magistrate Vellore 3. The Inspector of Police All Women Police Station Vellore. 4. The Public Prosecutor, High Court, Madras + One C.C to Mr.P.Krishnan, Advocate SR.NO.13479 Crl.O.P.No.11620 of 2007 RS(CO) https://hcservices.ecourts.gov.in/hcservices/