Madras High CourtCRL OP(MD)/13990/2021allowed

Pradeepraj v. The Inspector Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.13990 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13990 of 2021 and Crl.M.P.(MD)Nos.7293 and 7297 of 2021 Pradeepraj ... Petitioner / Sole Accused vs.

1.State rep. by its The Inspector of Police, Silaiman Police Station, Madurai.

(Crime No.317 of 2016) ... 1st Respondent/ Complainant

2. xxxxx ... 2nd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the case proceedings in Spl.S.C.No.160 of 2018 on the file of the District and Sessions Court (Mahila), Madurai and quash the same.

For Petitioner : Mr.S.Sukumar For R1 : Mr.M.Sakthikumar Government Advocate For R2 : Mr.R.Mohana Sundaram

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in Spl.S.C.No.160 of 2018 on the file of the District and Sessions Court (Mahila), Madurai.

2. The second respondent is the defacto complainant. His daughter is the victim girl. The victim is present in person before this Court. They have been duly identified by Thiru.R.Rajasekaran, SSI of Police attached to Silaiman Police Station, Madurai. The victim girl is to be given in marriage to her relative. The victim as well as her father therefore want this Court to quash the impugned proceedings, so that, they can lead a peaceful life. The petitioner gives an undertaking before this Court that he will no longer interfere in the life of the victim girl. It is obvious that https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13990 of 2021 the victim is not going to support the prosecution. When the matter is taken up for trial, the chance of conviction is bleak. The parties have also filed a joint compromise memo. The victim has now attained majority. She is aged about 20 years.

3. Therefore, taking note of the overall facts and circumstances and in the interest of justice, the impugned proceedings are quashed. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Enclosed herewith Copy of the Joint Compromise Memo Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District and Sessions Court (Mahila), Madurai. 2.The Inspector of Police, Silaiman Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.S. SUKUMAR, Advocate ( SR-35282[F] dated 22/11/2021 ) Crl.O.P.(MD)No.13990 of 2021 19.11.2021 RD(15.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2