Monish Issachar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19555 of 2023 and Crl.MP.No.13212 of 2023 Monish Issachar S/o.Rajinish Issachar .. Petitioner/Accused-Single Accused vs.
1.State rep.by The Inspector of Police W.16-All Women Police Station Pulianthose, Chennai.
.. 1st Respondent 2.Vijayalakshmi W/o.Murugan ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the final report in Spl.SC.No.115 of 2023 dated 30.01.2023 on the file of the Magalir Neethimandram at Chennai. For Petitioner : Mr.D.Baskaramn For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.SC.No.115 of 2023 dated 30.01.2023, pending on the file of the Magalir Neethimandram , Chennai.
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 petitioner and the 2nd respondent were present in person before this Court and they were identified by Ms.Rangeshwari, (Mobile No.9498127538) WSSI, W16, AWPS Pulianthope, Chennai-600 012. It has been stated that the petitioner and the 3rd respondent have entered into a compromise and amicably settled their issues in Spl.SC.No.115 of 2023.
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 was present before this Court. She stated that she married the petitioner on 02.1.2021 and there is a child through the marriage named Dhiyashree aged about 2 years. The child was also brought to the Court. She came along with her mother who is a de facto complainant. The mother of the victim girl stated that the victim girl is now living happily and that she does not want to prosecute this case. The petitioner was also present before this Court with her mother Shivani.
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. quashes the case in Spl.SC.No.115 of 2023 dated 30.01.2023, pending on the file of the Magalir Neethimandram , Chennai.
6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.115 of 2023 dated 30.01.2023, pending on the file of the Magalir Neethimandram, Chennai is quashed. Consequently, connected miscellaneous petition is closed.
01.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector of Police W.16-All Women Police Station Pulianthose, Chennai.
2.Magalir Neethimandram Chennai.
3.The Public Prosecutor, High Court, Madras.
N. ANAND VENKATESH, . J.
kp Crl.O.P No.19555 of 2023 01.9.2023