Abimanyu v. The Inspector Of Police,

1 Crl O.P. No.2453 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.2453 of 2024 and Crl. M.P. Nos.1755 and 1756 of 2024 Abimanyu S/o. Sekar

...Petitioner

Vs.

1. State Rep by its The Inspector of Police, Kadathur Police Station, Erode District.

(Cr.No.280 of 2021)

2. Rangammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Spl. S.C. No.28 of 2022 on the file of the Sessions Court, Fast Track Mahila Court, Erode and quash the same. For Petitioner : Mr. R.Thirumoorthy For Respondent : Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

2 Crl O.P. No.2453 of 2024 This Criminal Original Petition has been filed seeking to quash the proceedings pending in Spl. S.C. No.28 of 2022 on the file of the Sessions Court, Fast Track Mahila Court, Erode.

2. When the matter came up for hearing on 09.02.2024, this Court passed the following order:

"2. It is seen that the petitioner who was aged about 19 years during the relevant point of time was in love with the victim girl. The victim girl also admitted in the cross examination that she was in love with the petitioner. During the course of this relationship, the petitioner had physical intercourse with the victim girl. Considering the age of the petitioner and the victim girl, this Court is inclined to interfere with the proceedings.

3. It is also brought to the notice of this Court that the victim girl has now married someone else and she is also pregnant. Therefore, considering the interest of the parties, post this case under the

3 Crl O.P. No.2453 of 2024 caption "for recording compromise" on 19.02.2024 at 2.15 p.m.

4. The learned Government Advocate (Crl. Side) shall instruct the first respondent to bring the second respondent and the victim girl during the next date of hearing. In the meantime, the Court below shall keep the proceedings in Spl. S.C. No.28 of 2022 in abeyance".

3. The matter was taken up for hearing today. The Police namely P. Viswanathan, Special Sub Inspector, Kadathur Police Station, Erode was present at the time of hearing. The Victim girl along with her mother Rangammal were present through Video Conferencing platform. The victim girl stated that she knows the petitioner earlier and that she has now married one Kuppusamy on 27.08.2023. The mother of the victim girl who is the defacto complainant stated that her daughter is now married one Kuppusamy and that she has no more interested in prosecuting this criminal case.

4 Crl O.P. No.2453 of 2024

4. 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.

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. S.C. No.28 of 2022 pending on the file of the Sessions Court, Fast Track Mahila Court, Erode.. 6.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl. S.C. No.28 of 2022 pending on the file of the Sessions Court, Fast Track Mahila Court, Erode is quashed.

5 Crl O.P. No.2453 of 2024 Consequently, the connected miscellaneous petitions are closed. 19.02.2024 Index : Yes / No Internet : Yes / No mjs To

1. The Sessions Judge, Fast Track Mahila Court, Erode .

2. The Inspector of Police, Kadathur Police Station, Erode District.

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

6 Crl O.P. No.2453 of 2024 N.ANAND VENKATESH, J., mjs Crl.O.P.No.2453 of 2024

7 Crl O.P. No.2453 of 2024 19.02.2024