Sarma v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Sarma

2. Chellathai ... Petitioners Vs

1. The State of Tamilnadu Rep.By, The Inspector of Police, All Women Police Station, Sankarankoil, Tenkasi District.

2. Saratha

3. Xxxxxx ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the records pertaining to Spl.S.C.No.620 of 2024 by the learned Principal District and Sessions Judge, Tenkasi, and quash the same.

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For Petitioner :

Mr.D.Venkatesh, For R1 :

Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 & R3 :

Mr.Lenin Kumar

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in Spl.S.C.No.620 of 2024 before the learned Principal District and Sessions Judge, Tenkasi.

2. When the matter is taken up for hearing today, the learned counsel appearing on either side and victim also present. T he victim, the defacto complainant and the accused filed joint compromise memo stating that the first petitioner and the victim got separated and the matter has been amicably settled between the parties and marriage was fixed for the victim with some other person. The victim has no objection to quash the charge sheet.

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3.Today both the parties present and this Court also enquired the victim as well as the accused and the first petitioner and the victim got separated and the matter has been amicably settled between the parties. Therefore it is appropriate to allow the petition based on the compromise arrived at between the parties.

4.The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.

5. In view of the above said judgments and the fact that the first petitioner and the victim were separated and the matter has been amicably settled between the parties and marriage was fixed for the victim with some other person, though charges are grave in nature, considering the marriage of the victim and the amicable settlement between themselves this Court is of the view that the compromise is to be accepted. Therefore in order to meet the ends of justice by invoking inherent power of this Court, this Criminal Original Petition stands allowed and the pending proceedings against the petitioners in 3/5

Spl.S.C.No.620 of 2024 on the file of the learned Principal District and Sessions Judge, Tenkasi is hereby quashed.

25.04.2025 Internet:Yes Index :Yes/No NCC :Yes/No LR To 1.The Principal District and Sessions Judge, Tenkasi.

2. The State of Tamilnadu Rep.By, The Inspector of Police, All Women Police Station, Sankarankoil, Tenkasi District.

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

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P. DHANABAL, J.

LR 25.04.2025 5/5