A.Arunkumar v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.MP.Nos.219 and 220 of 2024 A.Arunkumar ... Petitioner / Accused .vs.

1.State rep.by The Inspector of Police W.4All Women Police Station Kilpauk, Chennai-10.

..1st Respondent /Complainant 2.Ponnusamy ..2nd Respondent/De facto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the final report in Spl.SC.No.177 of 2023, on the file of Sessions Judge, Mahalir Neethimandram, Chennai District. For Petitioner : Mr.M.Selvam For Respondents : Mr.A.Gopinath Govt. Advocate (Crl.side) for R1 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.177 of 2023, on the file of Sessions Judge, Mahalir Neethimandram, Chennai District.

2.The victim girl Madhu Sri was present before this Court. She stated that her date of birth is 05.3.2005. She stated that she married the petitioner on 8.6.2023. That apart, she is now 9 months pregnant. She came along with the petitioner and her mother-in-law. She requested to close the criminal proceedings.

3. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. Joint Compromise Memo dated 8.1.2024, signed by both the petitioner and the victim girl has been filed before this Court. The petitioner and the victim girl appeared in person before this Court. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. In the Joint Compromise Memo, it has been stated that the petitioner and the victim girl have entered into a compromise and amicably settled their issues in Spl.SC.No.177 of 2023, on the file of Sessions Judge, Mahalir Neethimandram, Chennai District.

5. Under such circumstances, no useful purpose will be served in keeping the 2/4

case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in Spl.SC.No.177 of 2023, on the file of Sessions Judge, Mahalir Neethimandram, Chennai District.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.177 of 2023, on the file of Sessions Judge, Mahalir Neethimandram, Chennai District, is quashed and the terms of Joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

08.01.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP N. ANAND VENKATESH., J KP 3/4

To

1. The Inspector of Police W.4All Women Police Station Kilpauk, Chennai-10.

2.Sessions Judge, Mahalir Neethimandram Chennai District.

3.The Public Prosecutor, High Court of Madras, Madras.

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