Kombaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.05.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P(MD)No.7757 of 2024 1.Kombaiah 2.Rakku 3.Alagichi 4.Manikandan 5.Nithya ... Petitioners / Accused Nos.1 to 5 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

(Crime No.12 of 2020) ... 1st Respondent / Complainant 2.Malarkodi ... 2nd Respondent / Defacto Complainant 3.Challamuthu ... 3rd Respondent / Victim Girl 1/5

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in S.C.No.22 of 2024 on the file of Fast Track Mahila Court, Sivagangai dated 21.12.2020 and quash the same as illegal.

For Petitioners : Mr.V.Malaiyendran For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor for R.1 Mr.P.Banu Prasath for R.2 & R.3 O RDER This petition has been filed to call for the records in S.C.No.22 of 2024 on the file of Fast Track Mahila Court, Sivagangai dated 21.12.2020 and quash the same as illegal.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.12 of 2020 for the offences punishable under Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 against the petitioners.

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3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Now the victim girl is having a child and they are living happily.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 23.05.2024, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in S.C.No.22 of 2024 pending on the file of the Fast Track Mahila Court, Sivagangai is quashed and the compromise memo is recorded.

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6.In the result, the Criminal Original Petition stands allowed and the terms of joint compromise memo shall form part of this order. 23.05.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No MGA To 1.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

2. Fast Track Mahila Court, Sivagangai.

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

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S.SRIMATHY. J.

MGA 23.05.2024 5/5