MALAIAPPAN Vs. INSPECTOR OF POLICE, MADURAI
LAWS(MAD)-2020-9-1009
HIGH COURT OF MADRAS
Decided on September 21,2020

Malaiappan Appellant
VERSUS
INSPECTOR OF POLICE, MADURAI Respondents

JUDGEMENT

R.PONGIAPPAN,J. - (1.) This Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.2 of 2020, on the file of the 1st respondent and quash the same, as against the petitioners herein.
(2.) The petitioners are arrayed as A2 to A4 in Crime No.2 of 2020, on the file of the first respondent police. The 2nd respondent herein is the defacto complainant to the said FIR, made allegation as against the petitioners, as they are abducting one Mayavan, who is the son born to the 1st and 2nd petitioners, who committed the offence under Sections 417, 313, 376 r/w 109 of IPC. In the complaint given by the 2nd respondent, she narrated the occurrence stating that the 1st accused Mayavan, who is son of the 1st and 2nd petitioners, is a distant relative to the 2nd respondent. Before two years from the date of registering the FIR, she met the said Mayavan in Palani and they developed intimacy with each other.
(3.) Resultantly, the said Mayavan invited the 2nd respondent to the quarters in which he was staying. Believing the words of the said Mayavan, the 2nd respondent went to the house of the said Mayavan in which, the 2nd respondent made intercourse with the said Mayavan. Due to which, she has conceived and after knowing the same, the said Mayavan compelled the 2nd respondent to take some tablets, which is for aborting the fetus. When at the time, the 2nd respondent attempted to commit suicide, she was saved by her parents. When the act of the said Mayavan was complained to the petitioners, the petitioners instead of supporting the 2nd respondent told that since the said Mayavan is a male, in general, he would be like that and further told that they have to careful enough to look after the girl. Accordingly, the said Mayavan deceived the 2nd respondent and made intercourse frequently.;


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