Dinesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Dinesh S/o. Arumugam 2.Arumugam S/o. Ayyampalani 3.Kalamani W/o. Arumugam 4.Kavitha W/o. Sithaiyan ... Petitioners vs.

1.The State represented by The Inspector of Police, All Women Police Station Sankari, Salem District 2.D J Jenifer Soniya Rani District Social Welfare Officer Salem District.

3.Dhanapriya D/o. Sidhayian ....Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to Crime No.10 of 1/4

2023 on the file of All Women Police Station, Sankari, Salem and quash the same insofar as the petitioners are concerned. For Petitioners : Mr.V.Sakkarapani For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] Mr.M.Kumaravel [R2] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.10 of 2023 pending on the file of first respondent.

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. A Joint Compromise Memo dated 04.08.2023 signed by petitioners and third respondent has been filed before this Court. A compromise affidavit has been filed by the third respondent/victim girl before this Court. The petitioners and third respondent were also present in person before this Court and they were identified by Ms.P.Saradha, Sub-Inspector of Police, All Women Police Station, Sankari, Salem District [94981 75545]. In the affidavit, it has been stated that petitioners and third respondent have entered into a 2/4

compromise and amicably settled their issues in Crime No.10 of 2023 pending on the file of first respondent.

4. This Court also enquired both the parties. The victim girl Dhanapriya stated that her date of birth is 25.07.2005 and that she has married the first petitioner and she is now living happily. She further stated that both the families have accepted the marriage. This Court was satisfied that the parties have come to an amicable settlement between themselves.

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 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 FIR in Crime No.10 of 2023 pending on the file of first respondent.

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N. ANAND VENKATESH., J gm This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.10 of 2023 pending on the file of first respondent is quashed and the Joint Compromise Memo dated 04.08.2023 and the terms of affidavit shall form part and parcel of this order. 09.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police, All Women Police Station Sankari, Salem District.

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

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