Lokesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.15678 of 2023

1. Lokesh

2. Geetha .. Petitioners

Versus

1. State rep by Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai - 13.

2. Lalitha .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Spl.S.C.No.153 of 2022 on the file of the learned Mahila Court Judge, Allikulam, Chennai to quash the same. For Petitioners : Mr.S.Suresh For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) for R1 1/5

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.153 of 2022 on the file of the learned Mahila Court Judge, Allikulam, 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 affidavit, dated 25.09.2023 of the victim girl has been filed before this Court. The victim girl is present before this Court and she stated that her date of birth is 28.11.2003 and she got married to the first petitioner. She further stated that there is a girl baby named Kashmika aged about one year. The victim girl came along with her mother-in-law who is the second petitioner in this 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 2/5

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.153 of 2022 on the file of the learned Mahila Court Judge, Allikulam, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.153 of 2022 on the file of the learned Mahila Court Judge, Allikulam, Chennai is quashed and the terms of affidavit of the victim girl shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

27.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Mahila Court, Allikulam, Chennai.

3/5

2. The Inspector of Police, W-15, All Women Police Station, Royapuram, Chennai - 13.

3. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs and Crl.M.P.No.15678 of 2023 27.09.2023 5/5