Neelamegakannan @ Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2022

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.(MD) No.18049 of 2022 and Crl.M.P.(MD).No.12042 of 2022 Neelamegakannan @ Kannan .. Petitioner/Sole Accused Vs.

1.State represented by The Inspector of Police, AWPS Thirumangalam Police Station, Madurai District.

(Crime No.304/2018) .. 1st Respondent/Complainant 2.Panchavarnam .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Cr.No.21 of 2022, dated 08.07.2022 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.21 of 2022 on the file of the 1st respondent police. 1/5

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.21 of 2022 for the offences punishable under Sections 5(i), 6 of Protection of Children from Sexual Offences Act, 2012, against the petitioner.

3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels. The petitioner is willing to marry the victim girl after she attains majority. 4.The petitioner 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 Government Advocate (Crl. Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint 2/5

compromise memo, dated 06.10.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.21 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.21 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed. However, if the petitioner refused to marry the victim girl, the order passed by this Court based on the compromise shall stand cancelled automatically. 06.10.2022 Index : Yes/No Internet : Yes/No TM 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. 3/5

To 1.The Inspector of Police, AWPS Thirumangalam Police Station, Madurai District.

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

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T.V.THAMILSELVI. J.

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