Madras High CourtCRL OP(MD)/20505/2021allowed

Aravinthan v. The Inspector Of Police

2022-04-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20505 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 04.02.2022 PRONOUNCED ON: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20505 of 2021 Aravinthan ... Petitioner / Accused Vs 1.State represented by the Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

In Crime No.21/2020 ... 1st Respondent / Complainant 2.Balasubramanian ...2nd Respondent / Defacto Complainant 3.xxxx ...3rd Respondent /Victim Girl PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to quash the proceedings in Spl.S.C.No.108 of 2020 on the file of the learned District and Sessions Judge, Mahila Court, Madurai. For Petitioner : Mr.S.Pandiyaraj For R1 : Mr.M.Sakthikumar Government Advocate For R2 & R3 : Mr.S.Prasanth

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Special S.C.No.108 of 2020 on the file of the District and Sessions Judge, Mahila Court, Madurai.

2. I had an interaction with the parties. The petitioner confirmed that he has already married the victim who had also attained majority. However, registration will be done later. The victim is also presently four months pregnant. The victim's father states that the petitioner and the victim are living under one roof. The victim has also made it clear that she is not going to support the prosecution.

3. In these circumstances, the continuation of the impugned prosecution is not going to serve any purpose. Since the victim is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20505 of 2021 four months pregnant and the accused also states that he has already married her, if the prosecution continues and is taken to its logical conclusion, the lives of both will be ruined. Therefore, the impugned proceedings stand quashed. This Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Enclose copy of 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 Judge, Mahila Court, Madurai. 2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S. PANDIYARAJ, Advocate ( SR-21263[F] dated 26/04/2022 ) Crl.O.P(MD)No.20505 of 2021 25.04.2022 RK(25/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2