Ashok Raj v. The Union Territory Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.4304 of 2024 Ashok Raj .. Petitioner Vs.

1.Union Territory of Puducherry, rep. by, The Inspector of Police, Mudaliarpet Police Station, Puducherry.

2.Kalaiyarasi .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and quash the FIR in Crime No.18 of 2024 dated 18.01.2024 pending on the file of the Inspector of Police, Mudaliarpet Police Station, Puducherry by accepting the compromise memo.

For petitioner : Mr.M.Akash For R1 : Mr.M.V.Ramachandramurthy Additional Public Prosecutor (Pondy) 1/5

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.18 of 2024, pending on the file of the 1st respondent. 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.The Joint Memo of Compromise entered between the petitioner and the 2nd respondent has been filed before this Court which has been signed by the petitioner and the 2nd respondent and the counsel for the petitioner. The petitioner and the 2nd respondent were also present in person before this Court. In the Joint Memo of Compromise it has been stated that the petitioner and the 2nd respondent had entered into a compromise and amicably settled their issues in Crime No.18 of 2024. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/5

4.The victim girl was present before this Court. She stated that her date of birth is 27.02.2006. She further stated that she has now married the petitioner and she is now four months pregnant. She stated that both the families have now agreed for the marriage and she is now living happily with the petitioner. She requested this Court to close this case. 5.Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.18 of 2024, on the file of the 1st respondent Police. 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.

police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, the connected Miscellaneous Petition is closed.

08.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.Union Territory of Puducherry, rep. by, The Inspector of Police, Mudaliarpet Police Station, Puducherry.

2.The Public Prosecutor, Madras High Court, Chennai.

4/5

N.ANAND VENKATESH, J.

krk 08.03.2024 5/5