Suriya v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11837 of 2025 Suriya ... Petitioner Vs.

1.The State rep by, The Inspector of Police, All Women Police Station, Harur, Dharmapuri District.

(Crime No.6 of 2021) 2.Bhuvaneshwari ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in charge sheet in Spl.S.C.No.27 of 2023 on the file of the Fast Track Mahila Court, Dharmapuri District and quash the same. For Petitioner : Mr.D.Rameshkumar For R1 : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.27 of 2023 on the file of the Fast Track Mahila Court, Dharmapuri District.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo has been filed by the petitioner and the second respondent (victim girl) before this Court stating that now she 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 come to an amicable settlement between themselves. 4.

It is seen that the victim girl has now attained majority and

she married the petitioner and has given birth to two children. 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 528 of BNSS, 2023, quashes the proceeding in Spl.S.C.No.27 of 2023 pending trial on the file of the Fast Track Mahila Court, Dharmapuri District.

6.

In view of the above, the proceedings in Spl.S.C.No.27 of 2023 on the file of the Fast Track Mahila Court, Dharmapuri District , is hereby quashed as against the petitioner. The Joint Compromise Memo filed by the petitioner and the second respondent (victim girl) shall form part and parcel of this Order.

7.

Accordingly, the Criminal Original Petition stands allowed. 23.04.2025 : Yes/No Speaking/non-speaking order shk To

1. The Fast Track Mahila Court, Dharmapuri District

2. The Inspector of Police, All Women Police Station,

Harur, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.11837 of 2025 23.04.2025