Seetharaman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Seetharaman ... Petitioner Vs 1.The State rep by The Inspector of Police, W32, All Women Police Station, Madipakkam, Chennai.

2.Project Co-ordinator, Team Memo 8, CHES Childline, 21/8, 5th Cross Street, United India Colony, Kodambakkam, Chennai 24.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in pertaining to the crime No.17 of 2021 and quash the same. For Petitioners : Mr.G.R.Hari For Respondent : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) Mr.K.Vignesh for R2 1/5

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.17 of 2021 on the file of the first respondent Police and quash the same.

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

3.A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the victim and the parents of the victim and both the parties are present before this Court and they were identified by the respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The Joint Compromise Memo dated 11.12.2023 is extracted hereunder :- "1.The petitioner herein has been arrayed as an Accused 2/5

for offences under Section 8 of Protection of Child from Sexual Offences Act, 2012 in Crime No.17 of 2021 on the file of the 1st respondent.

2.The brief facts are that the 1st accused and the victim were in love, which was opposed by the petitioner herein. The victim, in an attempt to force the petitioner to accept the relationship with the 1st accused had approached the 2nd respondent.

3.The victim is now married to the 1st accused and nothing survives in the case.

4.The parties hereby agree that there are no disputes between themselves and that they have reconciled the differences, taking into consideration, the future interests of the victim and the 1st accused's marital life."

4.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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 17 of 2021.

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5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2021 on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

19.12.2023 Internet:Yes Index:Yes/No vkr To

1. The Inspector of Police, W32, All Women Police Station, Madipakkam, Chennai.

2. The Public Prosecutor, High Court, Madras.

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VIVEK KUMAR SINGH.J., vkr 19.12.2023 5/5