Mohanraj v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17198 of 2023 and Crl.MP.No.11081 of 2023 Mohanraj, M/26 S/o.Ayyasamy ... Petitioner/Accused vs.
1.State Rep.by The Sub-Inspector of Police Erumapatty Police Station Senthamangalam Taluk Namakkal District.
..1st Respondent/Complainant (Crime No.267 of 2021) 2.Mrs.Rajamani W/o.Selvaraj ...2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.267 of 2021 and Alteration Report dated 13.7.2021, on the file of 1st respondent herein namely Inspector of Police, Nallipalayam Police Station, Namakkal District and quash the same as illegal.
For Petitioner : Mr.N.Sudhagar nagaraj For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.267 of 2021, pending on the file of the 1st respondent Police. 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.The petitioner and the victim girl Soundarya was present in person before this Court and they were identified by Mr.Balamurugan-SI, Erumapatty P.S., Namakkal District. She stated that her date of birth is 15.7.2004. She further stated that she married the petitioner and there is a child through the marriage named as Ishanth, who was also brought before the Court. Ishanth was born 8 months back. The victim girl stated that she is now happily living with the petitioner and the family members of the petitioner have accepted the marriage. She stated that her family did not support the marriage and therefore, she is not in talking terms with her family.
4. Under such circumstances, no useful purpose will be served in keeping the case pending. Even though the offences involved are not compoundable in 2/4
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) and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the FIR in Crime No.267 of 2021, pending on the file of the 1st respondent Police.
5.This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.267 of 2021, pending on the file of the 1st respondent Police is quashed. Consequently, connected miscellaneous petition is closed. 04.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order KP To 1.The Sub-Inspector of Police Erumapatty Police Station Senthamangalam Taluk Namakkal District.
2.The Public Prosecutor, High Court of Madras, Madras.
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N. ANAND VENKATESH., J KP 04.08.2023 4/4