Nagarjuna v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.32107 of 2019 and Crl.M.P No.17486 of 2019 Mr.Nagarjuna .. Petitioner Vs.

1. The State Represented by Inspector of Police, W-16, All Women Police Station, Chennai 600 012.

2. Mrs.Renuka .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in SC.No.83 of 2018 pending on the file of learned Mahila Sessions Court, Chennai against the petitioner under the ground of compromise.

For Petitioner : Mr.Anand raj For Respondent No.1: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in S.C.No.83 of 2018 pending on the file of learned Mahila Sessions Court, Chennai and quash the same.

2.

The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

An affidavit dated 18.02.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and her mother and the victim girl along with her mother and grand mother were present in the Court and it was informed that the victim girl got married to the petitioner and they are living happily. They were identified by Mrs.Latha, Head Constable, W-16, All Women Police Station, Chennai 600 012. In

the affidavit, it has been stated that the petitioner and the 2nd respondent have entered into a compromise and amicably settled their issues in S.C.No.83 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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.83 of 2018, pending on the file of Mahila Sessions Court, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.83 of 2018, pending on the file of Mahila Sessions Court, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. 18.02.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. The State Represented by Inspector of Police, W-16, All Women Police Station, Chennai 600 012.

2. The Additional Public Prosecutor, Madras High Court, Chennai

N. ANAND VENKATESH, J.

rka Crl.O.P No.32107 of 2019 and Crl.M.P No.17486 of 2019 18.02.2021