E.Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.3282 of 2024 E.Kumar ... Petitioner vs.

1.State represented by The Inspector of Police, W-9. All Women Police Station, Villivakkam, Chennai - 600 049.

2.Mrs.Seetha 3.Ramya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on the file of the Mahila Court Allikulam, Chennai in Spl.S.C.No 60 of 2022 in Crime No.86 of 2022 on the file of the Inspector of Police, W9 AWPS, Vilivakkam and qaush the same. For Petitioner : Mr.P.Sridhar For Respondents : Mr.A.Gopinath Government Advocate for R1 *****

O R D E R

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in Spl.S.C.No 60 of 2022, pending on the file of learned Mahila Court Allikulam, Chennai and quash the same.

1/4

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

3. A compromise affidavit has also been filed by the 2nd & 3rd respondents before this Court. The petitioner and 2nd & 3rd respondents were also present in person before this Court and they were identified by Ms.P.Mala, SSI(W), WHC, All Woman Police Station, Vilivakkam, Chennai.. In the affidavit it has been stated that the petitioner and the 2nd & 3rd respondent have entered into a compromise and amicably settled their issues in Spl.S.C.No 60 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The victim girl/3rd respondent was present before this Court and she has stated that her date of birth is 05.10.2004. She stated that she had married the petitioner recently. She was accompanied by her mother who is the defacto complainant/2nd respondent in this case. The mother of the victim girl stated that she does not want to prosecute the case any further.

2/4

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 Spl.S.C.No 60 of 2022 pending on the file of learned Mahila Court Allikulam, Chennai.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No 60 of 2022, pending on the file of learned Mahila Court Allikulam, Chennai is quashed and the terms of affidavit shall form part and parcel of this order.

16.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order ssr 3/4

N. ANAND VENKATESH., J ssr To 1.The Mahila Court Allikulam, Chennai

2. The Inspector of Police, W-9. All Women Police Station, Villivakkam, Chennai - 600 049.

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

Crl.O.P No.3282 of 2024 16.02.2024 4/4