J.Rohith v. The Tamil N Adu State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.844 of 2024 and Crl.MP.No.542 of 2024 Mr.J.Rohith ..Petitioner/Sole Accused .Vs.

1.The Tamil Nadu State rep.by The Deputy Superintendent of Police Thandrampattu Police Station Tiruvannamalai District.

..Complainant/1st Respondent 2.Mr.Moorthu .. 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pending in Spl.SC.No.62 of 2021, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvannamalai, registered by the 1st respondent police and quash the same by allowing this criminal original petition.

For Petitioner : Mr.H.Thameen Ansari For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.62 of 2021, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvannamalai.

2. 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.

3.The victim girl was present before this Court and she stated that her date of birth is 20.5.2004. She further stated that she married the petitioner and a child was born through the marriage and the child named Janath, aged three months was also brought at the time of hearing. The 2nd respondent stated that her daughter is now living happily with the petitioner and that both the families have accepted the marriage.

4. A Joint Memo of Compromise dated 30.01.2024 signed by both petitioner and the victim girl and their respective counsel has been filed before this Court. An affidavit has also been filed by the victim girl 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. The petitioner and victim girl were also present in person before this Court. In the affidavit, 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.62 of 2021, on the

file of the Sessions Judge, Fast Track Mahila Court, Tiruvannamalai.

5. Under such circumstances, no useful purpose will be served in keeping the 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.62 of 2021, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvannamalai.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.62 of 2021, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvannamalai, is quashed and the terms of Joint memo of compromise and affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 30.01.2024 Internet: Yes Index: Yes/No kp N.ANAND VENKATESH.J., kp

To

1. The Deputy Superintendent of Police Thandrampattu Police Station Tiruvannamalai District.

2. Sessions Judge, Fast Track Mahila Court, Tiruvannamalai.

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

CRL.OP No.844 of 2024 30.01.2024