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Madras High CourtCRL OP/22186/2023allowed

Rajadurai v. Inspector Of Police

2023-09-27Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023 CORAM :

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

Versus

1. Inspector of Police, All Women Police Station Kottakuppam, Kottakuppam, Villupuram.

2. Subha .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the proceedings in Spl.S.C.No.73 of 2020 on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram District.

For Petitioners : Mr.D.Raghu 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.73 of 2020 on the file of the learned Sessions Judge, Magalir Neethi Mandram, (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 victim girl who is the second respondent is present before this Court. She stated that her date of birth is 06.07.2005. She further stated that she married the petitioner and there is a girl child named Rithisri who is four moths old. She came along with her grandmother, Muthammal. She stated that she is now living happily with the petitioner and that she is not interested in prosecuting 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.73 of 2020 on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.73 of 2020 on the file of the learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Villupuram is quashed.

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

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

2. The Inspector of Police, 3/5

All Women Police Station Kottakuppam, Kottakuppam, Villupuram.

3. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 27.09.2023 5/5