Jegan v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 8826 of 2025 and Crl.M.P.Nos.5822 & 5824 of 2025 Jegan ....
Petitioner Vs 1.State rep by The Inspector of Police, All Women's Police Station, Thiruvarur District.
Crime No.23 of 2022 2.Durga W/o.Ayyapan 3.XXXX W/o.Jegan ....
Respondents Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records of the case Spl.S.C.No.65 of 2022 on the file of the Sessions Judge, Fast Track Mahila Court, Thiruvarur and quash the same. For Petitioner : Mr.K.Pragadeesh Kumar For R1 : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
This petition has been filed to quash the proceedings in Spl.S.C.No.65 of 2024 pending on the file of the Sessions Judge, Fast Track Mahila Court, Thiruvarur, thereby taken cognizance for the offence punishable under Sections 6, 5(j)(ii), 5(1) of Protection of Child from Sexual Offence Act, 2012.
2.
Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.
A Joint Memo of Compromise has been filed by the petitioner and the second and third respondents before this Court stating that now the third respondent married the petitioner and living with him in very happiest manner. All the parties are present and identified by their respective counsel and the Police. In order to identify their respective parties, they also produced the copy of the Aadhaar Card and the certificate of registration of marriage is 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.
4.
Under such circumstances, no useful purpose will be served in keeping the proceedings 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 proceedings in Spl.S.C.No.65 of 2024 pending on the file of the Sessions Judge, Fast Track Mahila Court, Thiruvarur, 5.
In view of the above, the proceedings in Spl.S.C.No.65 of 2024 pending on the file of the Sessions Judge, Fast Track Mahila Court, Thiruvarur, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise shall form part and parcel of this Order. 6.
Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 25.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp
To
1. The Sessions Judge, Fast Track Mahila Court, Thiruvarur.
2.The Inspector of Police, All Women's Police Station, Thiruvarur District.
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No. 8826 of 2025 25.03.2025