Akash v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2529 of 2024 Akash S/o. Karnan ... Petitioner Vs.
1.The State Rep. by The Inspector of Police, W-10 Flower Bazaar All Women Police Station, Seven Wells, Chennai District.
[Crime No.315 of 2022].
2. Rabiya W/o. Ganesh Babu
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Cr. No.315 of 2022 pending on the file of the 1st respondent and to quash the same.
For Petitioner : Mr. S. Santhosh For Respondents : Mr.A. Gopinath Government Advocate (Criminal Side) [for R1]
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in Cr. No.315 of 2022 pending on the file of the 1st respondent . 1/5
2. The victim girl was present before this Court along with her mother who is the defacto complainant and 2nd respondent in this case and they were identified by Ms. S. Bharathi, Sub-Inspector of Police (Cell:94981 26217), AWPS, Chennai. The Victim girl stated that her date of birth is 25.07.2005 and presently she is studying B.Sc Psychology in the first year in a private college. She further stated that she had love affair with the petitioner and that she is no longer continuing the relationship and she wants to study and settle down in life. The mother of the victim girl has also stated that her daughter wants to settle down in life and does not want to continue relationship with the petitioner. She further stated that the criminal case can be closed and the petitioner shall be instructed not to interfere with the life of her daughter.
3. The petitioner who was present before this Court stated that he is looking out for a job and he is aware about the decision taken by the 2nd respondent. He further stated that he will not disturb the victim girl any more.
4. 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.
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5. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6. 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 proceedings in Cr. No.315 of 2022 pending on the file of the 1st respondent.
7. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr. No.315 of 2022 pending on the file of the 1st respondent is quashed. 21.02.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order mjs 3/5
N.ANAND VENKATESH, J mjs To
1. The Inspector of Police, W-10 Flower Bazaar All Women Police Station, Chennai District..
2.The Public Prosecutor, High Court, Madras.
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