Gunasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.2899 of 2024

1. Gunasekar

2. Muralidharan

3. Revathi

4. Iranian

5. Nagaraj

6. Rajeshwari ... Petitioners Vs.

The State, Represented by its The Inspector of Police, W-16 All Women Police Station, Pulianthope (District), Chennai - 600 012.

Crime No.12 of 2021 ... Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to Call for the records in connection with Spl.S.C.No.22 of 2022 on the file of the Mahila Court, Allikulam, Chennai and quash the same.

For Petitioners :

Mr.M.B.Prabhu For Respondent :

Mr.A.Gopinath Govt. Advocate (Crl.Side) for R1

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.22 of 2022 pending on the file of the Mahila Court, 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 victim, viz., Keerthana was present before this Court. She stated that her date of birth is 21.07.2003. She further submitted that she married the first petitioner on 11.10.2022 and this marriage was also registered. Through the marriage, there is also a girl child named as Eramiya, aged about two years. She came along with the other petitioners. She requested this Court to close the criminal proceedings.

4. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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 proceedings in Spl.S.C.No.22 of 2022 pending on the file of the Mahila Court, Allikulam, Chennai.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.22 of 2022 pending on the file of the Mahila Court, Allikulam, Chennai, is quashed. Consequently, connected miscellaneous petition is closed.

26.02.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Inspector of Police, W-16 All Women Police Station, Pulianthope (District), Chennai - 600 012.

Crime No.12 of 2021

2. The learned Judge, Mahila Court, Allikulam, Chennai.

3. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

vji and Crl.M.P.No.2899 of 2024 26.02.2024