P. Vijayaganthan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.15107 of 2023 P.Vijayaganthan .. Petitioner

Versus

1. The State rep. by The Inspector of Police, All Women Police Station, Kanchipuram.

2. Padmavathi .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash all the proceedings against the petitioner / accused in Crime No.17 of 2023, dated 06.08.2023 pending on the file of the respondent Police. For Petitioner : Mr.A.Jeeva For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/5

ORDER

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.17 of 2023, pending on the file of the first respondent.

2. The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The victim girl is present before this Court. She stated that she married the petitioner and that through the marriage, she has one girl child named Prineetha born during July, 2021. She further stated that she is now nine months pregnant and that delivery date is nearing. She came along with her parents namely, Thennarasu and Sangeetha. The petitioner, who is the husband of the victim girl came along with his father Panchaksharam.

4. Taking into consideration the facts and circumstances of the case and also the fact that the victim girl is a distant relative of the petitioner and therefore got married to him and also the fact that there is a young child and 2/5

the victim girl is now bearing a child, this Court is inclined to quash the proceedings in Crime No.17 of 2023 on the file of the respondent Police.

5. 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 Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.17 of 2023, on the file of the first respondent Police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2023, on the file of the first respondent Police, is quashed. Consequently, connected miscellaneous petition is closed.

25.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To 3/5

1. The Public Prosecutor, High Court of Madras.

2. The Inspector of Police, All Women Police Station, Kanchipuram.

N.ANAND VENKATESH, J.

grs 4/5

25.09.2023 5/5