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2025 DAILYLAW 193465 (MAD)

NALLADURAI v. STATE BY, THE INSPECTOR OF POLICE

CRL A/211/2025 · 2025-10-29

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

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CRL A No. 211 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-10-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL A No. 211 of 2025 1. NALLADURAI S/o.Elangovan, South Street, Kalpadi, Perambalur District. Appellant Vs 1. State By, The Inspector Of Police, Maruvathur Police Station, Perambalur District. Cr.No.108/2016. Respondent PRAYER To call for the records and set aside the conviction and sentence imposed against the appellant in the judgment dated 05.02.2025 in Special SC.No.13/2018 on the file of the Mahila Court,Perambalur. For Appellant: D.Ashokkumar For Respondent: Mr.V.Meganathan Government Advocate (Crl.Side) ORDER When the matter was taken up, the victim girl appeared before this court with her child. According to the victim girl, she is now aged about 26 years. On 17.05.2021, she married the petitioner/accused, and they lived together as https://www.mhc.tn.gov.in/judis CRL A No. 211 of 2025 husband and wife, begotten one male child. She is living peacefully with her in-laws' family and has also come forward with an affidavit stating that she is not inclined to proceed further with the case for which she gave a complaint in Special SC No. 13 of 2012. Now, both of them live together as husband and wife and have a male child named Madhi. She also filed an affidavit to that effect. 2. The petitioner also filed an affidavit, stating that they were married on 17.05.2021, had a male child, and are living happily with his parents. He also assured this court by giving an affidavit of undertaking that he will take care of his wife and child with love and affection. He stated that they had a love affair and decided to marry, but a false complaint was made out of fear. 3. In view of the affidavits filed by both parties, it is recorded that, relying on the ratio laid down in the Gian Singh Vs.State of Punjab and Another reported in (2012) 10 SCC, when parties are inclined to settle the issue to put an end to a dispute, the court also accepts their affidavits to settle the matter. Accordingly, this court puts an end to the dispute. 4. Considering the facts and circumstances of the case, as of today, since the petitioner and the de facto complainant are living as husband and wife in a https://www.mhc.tn.gov.in/judis CRL A No. 211 of 2025 peaceful manner with their child and her in-laws, this court is of the view that further prosecution of the case is not necessary. As such, the affidavit filed by the parties is recorded and the petitioner is acquitted from the charges in view of the settlement arrived between the parties. 5. In the light of the above, this Criminal Appeal stands allowed on the above terms. 29-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No mpa To 1.State By, The Inspector Of Police, Maruvathur Police Station, Perambalur District. Cr.No.108/2016. 2.The Public Prosecutor High Court of Madras. https://www.mhc.tn.gov.in/judis CRL A No. 211 of 2025 T.V.THAMILSELVI J. mpa CRL A No. 211 of 2025 29-10-2025 https://www.mhc.tn.gov.in/judis