Tamil Azhagan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Tamil Azhagan

2. Mayavathi

3. Jagan @ Tamilarasan

4. Tamilvanan .. Petitioners

Versus

1. The State Rep by its The Inspector of Police, All Women Police Station, Ulundurpet, Kallakurichi District.

[Crime No.09 of 2022]

2. Priya .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and quash Charge Sheet in S.C.No.105 of 2023 in Crime No.09 of 2022 pending on the file of Fast Track Mahila Court, Villupuram based on compromise. For Petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mr.A.Gopinath, 1/5

Government Advocate (Crl. Side) for R1

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.105 of 2023 pending on the file of the Fast Track Mahila Court, Villupuram.

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, 14.09.2023 of the second respondent / de-facto complainant and the joint compromise memo have been filed before this Court. The victim girl is present before this Court. She stated that her date of birth is 14.11.2000 and that she got married to the first petitioner during November, 2022. She further stated that through the marriage, she gave birth to a girl child named Varuniya, aged three months. She stated that she is now living happily with the first petitioner and both the families have agreed to the marriage and she is no longer interested in prosecuting the case.

2/5

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 @ 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 S.C.No.105 of 2023 pending on the file of the Fast Track Mahila Court, Villupuram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.105 of 2023 pending on the file of the Fast Track Mahila Court, Villupuram is quashed and the terms of affidavit of the second respondent / de-facto complainant shall form part and parcel of this order.

27.09.2023 Index : yes/no Speaking order/Non-speaking order 3/5

: yes/no grs To

1. The Fast Track Mahila Court, Villupuram.

2. The Inspector of Police, All Women Police Station, Ulundurpet, Kallakurichi District.

3. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 27.09.2023 5/5