M.Vigneshwaran v. The State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Vigneshwaran ... Petitioner Vs.

1.The State Rep by The Inspector of Police, Namakkal All Women Police Station, Namakkal 2.S.Kanniga 3.M.Abirami ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to Special Calendar Case No.14 of 2022 in crime No.15 of 2021 on the file of the Fast Track Mahila Court, Namakkal and quash the same. For Petitioner : Mr.T.Kirubhananth For Respondents 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 Special Calendar Case No.14 of 2022 pending on the file of the Fast Track Mahila Court, Namakkal, thereby taken cognizance for the offences under Section 366 of IPC, Section 9 of Prohibition of Child Marriage Act and Sections 6, 5(1), 5(j)(ii) of Protection of Children from Sexual Offences Act.

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 before this Court, which has been signed by the petitioner and the defacto complainant and also by the petitioner's counsel. The Joint Compromise Memo states that the petitioner and the victim got married and they have given birth to a male child. It further states that they are living together happily. All the parties are present and identified by the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar

Card and it is 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.

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 proceedings in Special Calendar Case No.14 of 2022 pending trial on the file of the Fast Track Mahila Court, Namakkal 5.

In view of the above, the proceedings in Special Calendar Case No.14 of 2022 pending on the file of the Fast Track Mahila Court, Namakkal, is hereby quashed in respect of the petitioner. The terms of the aforesaid Joint Compromise Memo shall form part and parcel of this Order.

6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Fast Track Mahila Court, Namakkal 2.The Inspector of Police, Namakkal All Women Police Station, Namakkal

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

G.K.ILANTHIRAIYAN, J.

lok 30.04.2025