Chandru v. State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Chandru Son of late Pichandi 2.Usha Wife of Sudhakar 3.Selvi Wife of Patavettan 4.Alamelu Wife of late Pichandi 5.Kalaiselvan & Balaji Son of late G.Parasuraman 6.Ashok, M/19 yrs Son of Patavettan ... Petitioners/Accused vs.

1.State represented by Inspector of Police Kadaladi Police Station Kadaladi, Tiruvannamalai District.

..1st Respondent/Complainant (Crime No.156/2021) 2.Lakshmi, 44 years W/o.Arul ...2nd Respondent/De facto Complainant 1/6

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Spl.SC.No.159 of 2022, on the file Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai in Cr.No.156 of 2021, on the file of the 1st respondent and quash the same. For Petitioner : Mr.M.I.Javid Akbar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.159 of 2022, pending on the file of Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai.

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. A Joint Memo of Compromise dated 10.07.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel have been filed before this Court. A compromise affidavit has also been 2/6

filed by the second respondent/de-facto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by P.Kumaran-831 (mobile no.9498180869) Kadaladai Police Station, Tiruvannamalai. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Spl.SC.No.159 of 2022, pending on the file of Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai.

4. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The victim girl Praveena was present before this Court and she stated that her date of birth is 29.5.2023. She further stated that she got married to the 1st petitioner and through the wedlock, there is a child which is 11 months old and it has been named as Vasudeva Krishnan. The child was also present along with the mother and the 1st petitioner. She stated that she is now living happily with the 1st petitioner and both the families have accepted the marriage. The mother of the victim girl and the de fact complainant was also present at the time of hearing and she stated that the mother has been compromised and that she is no more interested in prosecuting this case.

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5. 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 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, quash the proceedings in Spl.SC.No.159 of 2022, pending on the file of Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai. 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.159 of 2022, pending on the file of Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai, is quashed and the terms of affidavit shall form part and parcel of this order.

04.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order KP 4/6

To 1 Inspector of Police Kadaladi Police Station Kadaladi, Tiruvannamalai District.

2. Sessions Judge, Magalir Neethi Mandram, Tiruvannamalai.

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

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N. ANAND VENKATESH., J KP 04.08.2023 6/6