Karthi @ Karthikeyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.7286 of 2024 Karthi @ Karthikeyan

...Petitioner/Sole Accused

.Vs.

1.State rep.by Inspector of Police All Women Police Station Kangeyam Tiruppur District.

.. 1st Respondent /Complainant (Crime No.2 of 2022) 2.Gopika .. 2nd Respondent /De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to special SC.No.93 of 2022, on the file of the Magalir Neethimandram Fast Track Mahila Court, Tiruppur in Cr.No.2 of 2022, on the file of the 1st respondent and compromise quash the same. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.93 of 2022, on the file of the Magalir Neethimandram Fast Track Mahila Court, Tiruppur.

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 victim girl was present before this Court. She stated that her date of birth is 4.1.2006. She further stated that she had married the petitioner and through the marriage, there is a child named Sashvika, aged about 1 years. The child was also present at the time of hearing. The victim girl has come along with her mother Revathi and they requested this Court to close the criminal case.

4. A Joint Memo of Compromise Memo dated 29.2.2204 signed by both petitioner and second respondent/de facto complainant and their respective counsel has been filed before this Court. An affidavit has also been filed by the second respondent/victim before this Court. The petitioner and second respondent were also present in person before this Court. In the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in in Spl.SC.No.93 of 2022, on the file of the Magalir Neethimandram Fast Track Mahila Court, Tiruppur.

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 Supreme 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, quash the proceedings in in Spl.SC.No.93 of 2022, on the file of the Magalir Neethimandram Fast Track Mahila Court, Tiruppur.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.93 of 2022, on the file of the Magalir Neethimandram Fast Track Mahila Court, Tiruppur, is quashed and the terms of Joint memo of compromise memo and affidavit shall form part and parcel of this order. 26.03.2024 Index: Yes/No Speaking Order/Non Speaking Order kp To 1.Inspector of Police All Women Police Station Kangeyam Tiruppur District.

2.Magalir Neethimandram Fast Track Mahila Court, Tiruppur.

3.The Public Prosecutor High Court, Madras.

N.ANAND VENKATESH.,J kp CRL.O.P No.7286 of 2024 26.03.2024