Dinesh @ Viji v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM

THE HON'BLE MR. JUSTICE N. ANAND VENKATESH CRL.O.P. No.2221 of 2024 1.

Dinesh Rukmani Senthil @ Senthilkumar 4.

Dhanam ..Petitioners Vs.

1.

The State rep. by The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

(Crime No. 2 of 2022) Radha Rural Development Officer, Block Development Office, Namagiripet, Rasipuram Taluk, Namakkal District.

Gowri ..Respondents Prayer:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records in pending proceedings in 1\6

Spl.C.C.No. 63 of 2022 on the file of the Fast Track Mahila Court, Namakkal and compromise and quash the same.

For Petitioners ::

Mr.W. Camyles Gandhi For Respondents ::

Mr.A. Gopinath, Govt. Advocate (Crl.Side) for R1

O R D E R

The Criminal Original Petition has been filed seeking to quash the proceedings in Spl.C.C.No. 63 of 2022 on the file of the Fast Track Mahila Court, Namakkal.

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

A Joint Compromise memo dated 09.01.2024, signed by both the petitioners and the respondents 2 and 3 has been filed before this Court. The petitioners and the 2nd respondent/de facto complainant and 3rd respondent were also present in person before this Court and they were 2\6

identified by Mr.A.Sumathi, Head Constable, Rasipuram AWPS, Namakkal, who was also present at the time of hearing. 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 compromise memo, it has been stated that the petitioner and the respondents have entered into a compromise and amicably settled their issues in Spl.C.C.No. 63 of 2022 on the file of the Fast Track Mahila Court, Namakkal.

4.

The victim girl was present before this Court and she stated that her date of birth is 13.06.2005. She further stated that she has married the 1st petitioner with whom she had a love affair for a long time. There is also a male child named Niveson aged about 2 1⁄2 years. The 1st petitioner and the victim girl submitted that they are are now living happily. 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 @ 3\6

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.C.C.No. 63 of 2022 on the file of the Fast Track Mahila Court, Namakkal.

6.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.C.C.No. 63 of 2022 on the file of the Fast Track Mahila Court, Namakkal is quashed and the terms of Joint Compromise Memo dated 09.01.2024, shall form part and parcel of this order. 05.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order rka 4\6

To 1.

The Fast Track Mahila Court, Namakkal.

The Inspector of Police, All Women Police Station, Rasipuram, Namakkal District.

(Crime No. 2 of 2022) The Public Prosecutor, High Court, Madras.

5\6

N. ANAND VENKATESH,J.

rka Crl.O.P. No.2221 of 2024 05.02.2024 6\6