Vigneshwaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Vigneshwaran ... Petitioner Vs

1. The Inspector of Police, W-26, All Women Police Station, Ashok Nagar, (Crime No.231 of 2023)

2. Palani Kumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the proceedings in Special S.C.No.13 of 2024, pending on the file of Mahila Court, Allikulam, Chennai and quash the same. For Petitioner : Mr.S.Sathish Rajan For R1 : M/s J.R.Archana Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the final report filed in Special S.C.No.13 of 2024, pending on the file of Mahila Court, Allikulam, Chennai.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record.

3. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. Affidavits have been filed by the petitioners and the second respondent before this Court stating that now the second respondent's daughter got married with the petitioner and living with him in very happiest manner and also gave birth to child. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. It is seen that now the victim girl viz., the second respondent's daughter married the petitioner/accused and gave birth to child. Their marriage also got registered before the authority concerned. Now both are living happily and therefore, the petitioner need not go for an ordeal of trial.

6. Under such circumstances, no useful purpose will be served in keeping the proceeding 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), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the proceeding in Special S.C.No.13 of 2024, pending on the file of Mahila Court, Allikulam, Chennai.

7. In view of the above, the proceedings in Special S.C.No.13 of 2024, pending on the file of Mahila Court, Allikulam, Chennai, is hereby quashed as against the petitioner. The Affidavits filed by the petitioner and the second respondent shall form part and parcel of this Order.

8. In the result, this Criminal Original Petition stands allowed. 14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Mahila Court, Allikulam, Chennai.

2. The Inspector of Police, W-26, All Women Police Station, Ashok Nagar,

3. The Public Prosecutor, High Court, Madras.

14.03.2025