Ananthan v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ananthan ... Petitioner Vs.

1.State Rep. by its Inspector of Police AWPS - P.Velur Police Station, Namakkal District.

2.XXXX ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Spl.C.C.No.47 of 2020 on the file of the learned Sessions Judge - Fast Track Mahila Court, Namakkal District and quash the same as against the petitioner.

For Petitioner : M/s.M.Marimuthu For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to call for the 1/4

records pertaining to the proceedings in Spl.C.C.No.47 of 2020, pending on the file of the learned Sessions Judge - Fast Track Mahila Court, Namakkal District and quash the same.

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 was present before this Court. She stated that her date of birth is 15.07.2004. She further stated that she has married the petitioner and through the marriage, there is a child named Sudhashini. The victim girl came along with her Mother. The petitioner came along with his Sister and Sister's Husband. The victim girl and her Mother requested this Court to close the criminal case. 4.The Joint Compromise Memo dated Nil March, 2024 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Ms.A.Sumathi, Sub 2/4

Inspector of Police, AWPS, Velur, Namakkal District. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Spl.C.C.No.47 of 2020. 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 Vs. 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.C.C.No.47 of 2020 pending on the file of the learned Sessions Judge - Fast Track Mahila Court, Namakkal District.

6.This criminal original petition stands allowed and as a sequel, 3/4

N.ANAND VENKATESH,J.

pri the proceedings in Spl.C.C.No.47 of 2020 on the file of the learned Sessions Judge - Fast Track Mahila Court, Namakkal District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.

27.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Sessions Judge - Fast Track Mahila Court, Namakkal District.

2.The Inspector of Police AWPS - P.Velur Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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