Chandrasekar v. State Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Chandrasekar ... Petitioner Vs.

1.The State represented by, All Women Police Station-West, Coimbatore City.

(Cr.No.49 of 2022) 2.Lakshmi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in connection with FIR No.49 of 2022 dated 29.10.2022 on the file of the 1st respondent Police and quash the same.

For Petitioner : Mr.S.Senthil kumar For RR1 : Mr.A.Gopinath Government Advocate (Crl.Side) 1/4

O R D E R

The Criminal Original Petition has been filed to call for the records relating to the case in FIR No.49 of 2022 dated 29.10.2022 on the file of the 1st respondent Police and quash the same.

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

3.The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the 2nd respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mrs.M.Jagadeeswari, SSI, All Women Police Station-West, Coimbatore City. [Mobile: 9498109538]. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.49 of 2022. 4.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The 2/4

victim girl was present before this Court along with her mother who is the defacto complainant. She stated that her Date of Birth is 25.10.2005 and that she got married to the petitioner on 27.10.2023. She further stated that she is now living happily with the petitioner. The mother of the victim girl, who is the defacto complainant, stated that her daughter is living happily with the petitioner. She further stated that she does not want to prosecute this case.

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 Suprme 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. quashes the case in FIR No.49 of 2022 dated 29.10.2022 on the file of the 1st respondent Police.

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N.ANAND VENKATESH, J.

sk 6.This Criminal Original Petition stands allowed and as a sequel, the investigation in FIR No.49/2022 dated 29.10.2022 on the file of the 1st respondent Police, is quashed and the terms of Joint Memo of Compromise and affidavit shall form part and parcel of this order. 08.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk To

1. All Women Police Station-West, Coimbatore City.

2.The Public Prosecutor, High Court, Madras.

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