Moorthi @ Krishnamoorthi v. State Rep By

1 Crl O.P. No.2885 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.2885 of 2024 Moorthi @ Krishnamoorthi S/o. Sivasankaran

...Petitioner

Vs.

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

(Cr.No.884 of 2019)

2. Lakshmanan S/o. Vellaipandi ..Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Spl. S.C. No.71 of 2021 on the file of the Sessions Court, Fast Track Mahila Court, Erode and quash the same. For Petitioner : Mr. C. Ramkumar For Respondent : Mr. A. Gopinath Government Advocate (Crl. Side)

2 Crl O.P. No.2885 of 2024

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings pending in Spl. S.C. No.71 of 2021 on the file of the Sessions Court, Fast Track Mahila Court, Erode.

2. The Victim girl was present before this Court and she stated that her date of birth is 10.03.2004. Further she stated that she married the petitioner and through the marriage, there is a child namely Tamizh Iniyan aged three and half years. The victim girl stated that both the family members accepted the marriage and she is now living peacefully with the petitioner and hence she requested this Court to close the case.

3. 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.

4. 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

3 Crl O.P. No.2885 of 2024 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.71 of 2021 pending on the file of the Sessions Court, Fast Track Mahila Court, Erode. 5.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl. S.C. No.71 of 2021 pending on the file of the Sessions Court, Fast Track Mahila Court, Erode is quashed. 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, Erode North Police Station, Erode District.

3. The Public Prosecutor, High Court of Madras, Madras-104.

4 Crl O.P. No.2885 of 2024 N.ANAND VENKATESH, J., mjs Crl.O.P.No.2885 of 2024 19.02.2024