Rajivgandhi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Rajivgandhi .. Petitioner

Versus

1. Inspector of Police, All Women Police Station Gingee, Gingee, Villupuram - 604202.

2. Ratha .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the proceedings in Spl.S.C.No.17 of 2021 on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram district.

For Petitioner : Mr.D.Raghu For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in Spl.S.C.No.17 of 2021 on the file of the 1/5

learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram district 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 10.09.2023 of the second respondent / de-facto complainant has been filed before this Court. The parties are present before this Court and they are identified by M/s.P.Leema, W.S.S.I, All Women Police Station, Gingee. The victim girl is present before this Court and she stated that her date of birth is 12.03.2005 and that she is now living with the petitioner after marriage. The mother of the victim girl is also present before this Court and she stated that her daughter is now married to the petitioner and that she is no more interested in prosecuting the case.

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 @ 2/5

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.17 of 2021, pending on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram district

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.17 of 2021, pending on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram district is quashed and the terms of affidavit of the second respondent / de-facto complainant shall form part and parcel of this order. 14.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/5

To

1. The Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram district.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, All Women Police Station Gingee, Gingee, Villupuram - 604202.

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N.ANAND VENKATESH, J.

grs 14.09.2023 5/5