Periyavedi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Periyavedi .. Petitioner Vs.

1.The State, Rep by Inspector of Police, All Women Police Station - Bargur, Krishnagiri District.

2.Sivaranjani .. Respondents (Crime No.8 of 2021) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the entire records pertaining to Special S.C.No.47 of 2022 on the file of the Sessions Court / Fast Track Mahila at Krishnagiri and quash the same as illegal, incompetent and ultra vires. For petitioner :

Mr.Ma.P.Thangavel For R1 :

Mr.A.Damodaran Additional Public Prosecutor 1/5

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Special S.C.No.47 of 2022, pending on the file of the Sessions Court / 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.The Joint Memo of Compromise dated 25.03.2024 has been filed before this Court which has been signed by the petitioner and the 2nd respondent. The petitioner and the 2nd respondent were also present in person before this Court. In the Joint Memo of Compromise it has been stated that the petitioner and the 2nd respondent have entered into a compromise and amicably settled their issues in Special S.C.No.47 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/5

4.The victim girl was present before this Court. She stated that her date of birth is 09.07.2004. She further stated that she has now married the petitioner on 10.12.2023 and presently she is in her family way. She further stated that both the families have now agreed for the marriage and she is now living happily with the petitioner. She requested this Court to close the criminal proceedings.

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 Suprme 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 case in Special S.C.No.47 of 2022, pending on the file of the Sessions Court / Fast Track Mahila Court, Krishnagiri. 3/5

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Special S.C.No.47 of 2022, pending on the file of the Sessions Court / Fast Track Mahila Court, Krishnagiri, is quashed and the terms of Joint Memo of Compromise dated 25.03.2024 shall form part and parcel of this order.

25.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Sessions Court / Fast Track Mahila Court, Krishnagiri, 2.The State, Rep by Inspector of Police, All Women Police Station - Bargur, Krishnagiri District.

3.The Public Prosecutor, Madras High Court, Chennai.

4/5

N.ANAND VENKATESH, J.

krk 25.03.2024 5/5