Ajith v. The Inspector Of Police

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.5494 of 2022 Ajith ... Petitioner/Sole Accused Vs.

1.State represented by, The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(In Crime No.42 of 2019) ... 1st Respondent/Complainant 2.XXX, XXX, XXX, XXX, XXX ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned charge sheet filed in Spl.S.C.No.88 of 2019 on the file of the learned Principal District and Sessions Judge, Kanyakumari at Nagercoil and quash the same as illegal as against the petitioner.

For Petitioner : Mr.S.Krishnan For R - 1 : Mr.r.M.Anbunithi Additional Public Prosecutor For R - 2 : Mr.M.Silambarasan

ORDER

The Criminal Original Petition has been filed to quash the proceedings as against the petitioner in Spl.S.C.No.88 of 2019 for the offences under Sections 5(i), 5(i)(ii) and 6 of the protection of Child from Sexual Offences Act, 2012 on the file of the learned Principal District and Sessions Judge, Kanyakumari at Nagercoil. 2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel.

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4. Under such circumstances, no useful purpose will be served in keeping the proceedings in Spl.S.C.No.88 of 2019 on the file of on the file of the learned Principal District and Sessions Judge, Kanyakumari at Nagercoil, in Crime No.42 of 2019, dated 06.08.2019, 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes Spl.S.C.No.88 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.88 of 2019 on the file of learned Principal District and Sessions Judge, Kanyakumari at Nagercoil, in Crime No.42 of 2019, dated 06.08.

2019, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) within a period of two weeks from the date of receipt of a copy of this order and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Encl:Photocopy of 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 Principal District and Sessions Judge, Kanyakumari at Nagercoil.

2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

4.The Officer in Charge, Government of Tamil Nadu, CMPRF, Secteriat, Channai-4.

Crl.O.P(MD)No.8144 of 2022 29.04.2022 MGJ(31.05.2022) 3P 5C 3/3