Saravanan @ Ajith v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20436 of 2020 and Crl.M.P No.8565 of 2020

1. Saravanan @ Ajith

2. Periasamy @ Selvam .. Petitioners/Accused Vs.

1. The State Represented by Inspector of Police, Namagiripet Police Station, Namakkal District.

2. Srinivasan

3. Sabeetha .. Respondents/Victim PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Spl.C.C.No.32 of 2020 pending on the file of Session Judge-Fast Track - Mahila Court, Namakkal and quash the same.

For Petitioner : Mr.K.C.Karl Marx For Respondent No.1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For the Respondent No.2 : L.Ramu

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in SPL.CC.No.32 of 2020, pending on the file of Sessions Judge-Fast Track - Mahila Court, Namakkal and quash the same.

2.

The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

An affidavit dated 19.02.2021 has been filed by the victim girl before this Court. The petitioners and the respondents 3 & 4 were also present in person before this Court and they were identified by Mr.Kaileswaran, Sub Inspector, Namagiripet Police Station, Namakkal District. In the affidavit, it has been stated that the petitioners and the respondents 2 and 3 have entered into a compromise and amicably https://hcservices.ecourts.gov.in/hcservices/

settled their issues in SPL.CC.No.32 of 2020 . 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 case 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), and after exercising due caution as advised by the Hon'ble Supreme 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 case in SPL.CC.No.32 of 2020, pending on the file of Sessions Judge, Fast Track Mahila Court at Namakkal.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in SPL.CC.No.32 of 2020, pending on the file of Sessions Judge, Fast Track Mahila Court at Namakkal, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rka To

1. The Sessions Judge, Fast Track Mahila Court, Namakkal.

2. The Inspector of Police, Namagiripet Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.20436 of 2020 and Crl.M.P No.8565 of 2020 PMK(CO) CSR 28.04.2021 https://hcservices.ecourts.gov.in/hcservices/