Manimaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Manimaran

2. Karthikeyan

3. Ramalakshmi

4. Alex @ Alexpandiyan .. Petitioners

Versus

1. The Inspector of Police, Kanchi Taluk Police Station, Kanchipuram District.

2. Tharani .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Spl.S.C.No.21 of 2022 on the file of the learned Sessions Judge, Mahila Court, Chengalpet and quash the Final Report as against the petitioners herein. For Petitioners : Mr.A.Saranraj For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1 1/6

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ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in Spl.S.C.No.21 of 2022 on the file of the learned Sessions Judge, Mahila Court, Chengalpet 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. The affidavit, dated 04.07.2023 of the second respondent / de-facto complainant and joint memo of compromise entered into between the parties have been filed before this Court. The victim girl and the parties are also present in person before this Court and they are identified by M/s.Sudha, Woman Head Constable, All Women Police Station, Kancheepuram. The second respondent, who is the father of the victim girl, stated that his daughter has married the first petitioner and there is a girl child through the marriage named Magizhini, aged about three years. The second respondent stated that the criminal prosecution can be brought to an end. 3/6

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.S.C.No.21 of 2022, pending on the file of the learned Sessions Judge, Mahila Court, Chengalpet.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.21 of 2022, pending on the file of the Sessions Judge, Mahila Court, Chengalpet is quashed and the terms of affidavit of the second respondent / de-facto complainant shall form part and parcel of this order.

18.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no 4/6

grs To

1. The Sessions Judge, Mahila Court, Chengalpet.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, Kanchi Taluk Police Station, Kanchipuram District.

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N.ANAND VENKATESH, J.

grs 18.08.2023 6/6