E.Haridass v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH E.Haridass ... Petitioner Vs.

1.State Rep. by The Inspector of Police B5-Walajabad Police Station, Kanchipuram District.

Crime No.891 of 2021.

2.N.Devi 3.N.Kavitha ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in respect of the First Information Report in Crime No.891 of 2021 on the file of the Inspector of Police, B5-Walajabad Police Station and quash the same.

For Petitioner : Mr.R.Sivakumar For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) Mr.S.Suganthan for R3 1/4

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.891 of 2021, pending on the file of the first respondent.

2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The victim girl was present before this Court. She stated that her date of birth is 23.10.2004. She further stated that she has married the petitioner and through the marriage there is a child named Isaiya aged about 2-1/2 years. The victim girl is also in her family way expecting the second child. The victim girl stated that she is now living happily with the petitioner and that both the families have accepted the marriage. She requested this Court to close the criminal case.

4.The affidavit of the third respondent/ victim girl dated 20.03.2024 has been filed before this Court. The petitioner and the 2/4

third respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. In the affidavit it has been stated that the petitioner and the third respondent had entered into a compromise and amicably settled their issues in Crime No.891 of 2021. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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 Supreme Court in The State of Madhya Pradesh Vs. 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.891 of 2021, on the file of the first respondent Police.

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N.ANAND VENKATESH,J.

pri 6.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.891 of 2021, on the file of the first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

25.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The The Inspector of Police B5-Walajabad Police Station, Kanchipuram District.

Crime No.891 of 2021.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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