Mohanraj v. State Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12099 of 2025 1.Mohanraj 2.Suriyamurthy 3.Murugammal 4.Hemalatha ... Petitioners Vs.
1.State rep by its Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai 600 040.
(Crime No.23 of 2024) 2.Aishwarya ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in P.R.C.No.14 of 2024 pending on the file of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai and quash the same.
For Petitioners : Mr.A.P.Sathya Murthy
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 P.R.C.No.14 of 2024 pending on the file of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai. 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 petitioners and the second respondent (victim girl) before this Court stating that now she married the first 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 now the victim girl attains majority and she married the first petitioner. 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 P.R.C.No.14 of 2024 pending trial on the file of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai 6.
In view of the above, the proceedings in P.R.C.No.14 of 2024 pending on the file of the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, is hereby quashed as against
the petitioners. The Joint Compromise Memo filed by the petitioners 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 Metropolitan Magistrate, Additional Mahila Court, Egmore Chennai
2. The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai 600 040.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
shk Crl.O.P.No.12099 of 2025 23.04.2025