Mahendran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.27932 of 2023 Mahendran ... Petitioner/Accused No.1 .vs.

1.The State rep.by Inspector of Police AWPS-Denkanikottai Krishnagiri District.

..Respondent /Complainant Crime No.7 of 2021 2.Vengatalakshmi ..2nd Respondent/De facto Complainant 3.Gaythiri ..3rd Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Spl.SC.No.62 of 2022, on the file of the Court of the Session Judge, Fast Track Mahila Court, Krishnagiri and quash the same. For Petitioner : Mr.M.Ganesh For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 1/4

*****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.62 of 2022, on the file of the Court of Session Judge, Fast Track Mahila Court, Krishnagiri .

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 petitioner and the victim girl was present along with her mother Vengatalakshmi in person before this Court and they were identified by J.Jayamani, Denkanikottai AWPS, Krishnagiri District. The mother of the victim girl stated that her daughter married the petitioner and through the marriage, there is a two year old child named Ruthwik. The victim girl who was present before this Court stated that her date of birth is 31.07.2004 and that she married the petitioner and she is now living happily with him along with the child. The victim girl also brought the child at the time of hearing.

4. A Joint Compromise Memo dated 7.12.2023, signed by both the petitioner and the respondents has been filed before this Court. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. The petitioner and the respondents/de facto complainant/victim, were 2/4

also present in person before this Court. In the joint compromise memo, it has been stated that the petitioner and the respondents have entered into a compromise and amicably settled their issues in Spl.SC.No.62 of 2022, pending on the file of the Court of Session Judge, Fast Track Mahila Court, Krishnagiri .

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.62 of 2022, on the file of the Court of Session Judge, Fast Track Mahila Court, Krishnagiri.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.62 of 2022, on the file of the Court of Session Judge, Fast Track Mahila Court, Krishnagiri, is quashed and the terms of Joint compromise memo shall form part and parcel of this order.

02.01.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP 3/4

N. ANAND VENKATESH., J KP To 1.Inspector of Police AWPS-Denkanikottai Krishnagiri District.

2.Session Judge, Fast Track Mahila Court Krishnagiri.

3.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.27932 of 2023 02.01.2024 4/4