Venkatagiri v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.4940 of 2024 Venkatagiri ... Petitioner Vs.

1. The State represented by The Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

Crime No.5 of 2021 2.Ramachandiran ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the charge sheet in Spl.S.C.No.26 of 2022 on the file of Sessions Judge, Fast Track Mahila Court, Krishnagiri and quash the same. For Petitioner : Mr.J.Pradeep For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.26 of 2022 pending on the file of Sessions Judge, Fast Track Mahila Court, Krishnagiri.

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. An joint affidavit of petitioner and the victim girl dated 20.03.2024 has been filed before this Court. The petitioner and victim girl were also present in person before this Court and they were identified by Ms.R.Gajalakshmi, HC 1220, Denkanikottai AWPS [94981 70408].

4. The victim girl stated that her date of birth is 07.07.2004. She further stated that she married the petitioner and through the marriage, there are two children viz., Dharshan and Jismitha. The children have also accompanied the parents at the time of hearing. The de facto complainant in this case is the father of the victim girl and he died during the pendency of the proceedings. The victim girl requested this Court to close 2/4

the case in the interest of the petitioner, herself and also the children. This Court 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 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. quashes the proceedings in Spl.S.C.No.26 of 2022 pending on the file of Sessions Judge, Fast Track Mahila Court, Krishnagiri.

N.ANAND VENKATESH, J.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.26 of 2022 pending on the file of Sessions Judge, Fast Track Mahila Court, Krishnagiri, is quashed and the terms of of affidavit shall form part and parcel of this order. 20.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Sessions Judge, Fast Track Mahila Court, Krishnagiri.

2.The Inspector of Police, All Women Police Station, Denkanikottai, Krishnagiri District.

Crime No.5 of 2021 3.The Public Prosecutor, High Court, Madras.

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