C.Saranraj @ Saran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.7613 of 2024 C.Saranraj
...Petitioner /Sole Accused
.Vs.
1.State by Inspector of Police W-33, Virugambakkam AWPS Chennai.
.. 1stRespondent /Complainant (Cr.No.7 of 2022) 2.Tmt.Uma .. 2nd Respondent /De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the criminal case in Spl.SC.No.96 of 2022, on the file of the learned Sessions Judge, Allikukam, Chennai quash the same. For Petitioner : Mr.Prabakaran.R For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1
ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.96 of 2022, on the file of the learned Sessions Judge, Allikukam, 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 girl was present and she stated that her date of birth is 16.4.2004. She further stated that she had married the petitioner. She is now in her family way. The mother of the victim girl, who is the de facto complainant stated that her daughter is living happily with the petitioner, She requested this Court to close the criminal case.
4. Joint Memo of Compromise dated 21.3.2024, has been filed before this Court which has been signed by the petitioner and the 2nd respondent/de facto complainant and also by their respective counsel. The petitioner and the 2nd respondent were also present in person before this Court. In the joint compromise memo, it has been stated that the petitioner and the 2nd respondent have entered into a compromise and amicably settled their issues in Spl.SC.No.96 of 2022, pending on the file of the learned Sessions Judge, Allikukam, Chennai.
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, quash the proceedings in Spl.SC.No.96 of 2022, pending on the file of the learned Sessions Judge, Allikukam, Chennai.
6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.96 of 2022, pending on the file of the learned Sessions Judge, Allikukam, Chennai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.
26.03.2024 Index: Yes/No Speaking Order/Non Speaking Order kp To 1.Inspector of Police W-33, Virugambakkam AWPS Chennai.
2.Sessions Judge Allikukam, Chennai.
3.The Public Prosecutor High Court, Madras.
N.ANAND VENKATESH.,J kp CRL.O.P No.7613 of 2024 26.03.2024