B.Sathesh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN B.Sathesh ... Petitioner Vs

1. State Rep.by The Inspector of Police, All Women Police Station, Gudalur, The Nilgiris.

2. Mariamma

3. Keerthika.G ... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the Special C.C.No.6 of 2021 pending on the file of the Sessions Judge, Magalir Neethi Mandram, FTMC, Udhagamandalam and to quash the same as far as the petitioner is concerned. For Petitioner : Mr.K.Balasubramaniam For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) (for R1) 1/5

O R D E R

This petition has been filed to quash the proceedings in Special Special C.C.No.6 of 2021 pending on the file of the learned Sessions Judge, Magalir Neethi Mandram, FTMC, Udhagamandalam, as against the petitioner, thereby taken cognizance for the offences under Sections 5(j) (ii), 5(1), Section 6 of Protection of Child from Sexual Offences Act, 2012 and Section 451 of IPC.

2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise has been filed by the petitioner and the third respondent before this Court stating that now the third respondent married the petitioner and living with him in very happiest manner. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have 2/5

come to an amicable settlement between themselves.

4. It is seen that now the victim girl viz., the third respondent attains majority and she married the petitioner/accused and gave birth to a child. Their marriage also got registered before the authority concerned. Now both are living happily and therefore, the petitioner need not go for ordeal of trial.

5. Under such circumstances, no useful purpose will be served in keeping the proceeding 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 of Cr.P.C., quashes the proceeding in Special C.C.No.6 of 2021 pending trial on the file of the learned Sessions Judge, Magalir Neethi Mandram, FTMC, Udhagamandalam.

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6.

In view of the above, the proceedings in Special C.C.No.6 of 2021 on the file of the learned Sessions Judge, Magalir Neethi Mandram, FTMC, Udhagamandalam, is hereby quashed as against the petitioner. The Joint Memo of Compromise filed by the petitioner and the third respondent shall form part and parcel of this Order.

7. Accordingly, the Criminal Original Petition stands allowed. 18.02.2025 Index:Yes/No kv To

1. The Inspector of Police, All Women Police Station, Gudalur, The Nilgiris.

2. The Sessions Judge, Magalir Neethi Mandram, FTMC, Udhagamandalam 4/5

G.K.ILANTHIRAIYAN, J.

kv 18.02.2025 5/5