Vishva vs State Represented By
2023 Latest Caselaw 8360 Mad

                                                                                     Crl.O.P.No.14254 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 14.07.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.14254 of 2023

                    Vishva                                           .. Petitioner

                                                            Versus

                    1. State Represented by
                       Inspector of Police,
                       W-16, All Women Police Station,
                       Pulianthope, Chennai - 12.
                       (Crime No.586 of 2016)

                    2. Bhavani                                .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records pertains to the Spl.S.C.No.171 of
                    2022 (pending on the file of the Special Judge, Mahila Court at Chennai),
                    quash the same.

                                     For Petitioner      : Mr.M.I.Javid Akbar

                                     For Respondents : Mr.A.Gopinath
                                                 Government Advocate (Crl. Side)
                                                 for R1




https://www.mhc.tn.gov.in/judis

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                                                                                 Crl.O.P.No.14254 of 2023


                                                         ORDER

This quash petition has been filed to quash the proceedings in

Spl.S.C.No.171 of 2022 pending on the file of the learned Special Judge,

Mahila Court, Chennai.

2. The quash petition has been filed on the ground that the petitioner

ultimately married victim girl and there is also a child named Dhansika who

also came along with the petitioner and the daughter of the second

respondent. Mrs.Sumathi, Special Sub-Inspector of Police, W-16, All

Women Police Station, Pulianthope is present before this Court. The

second respondent is also present before this Court and she is the mother of

the victim girl and she has stated that all of them are living together and that

they are not interested in prosecuting the case.

3. Taking into consideration the facts and circumstances of the case

and also after being satisfied that the present case falls within the

requirements of the judgments of the Hon'ble Supreme Court of India in

Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath1 and The State of

1 (2017) 9 SCC 641 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.14254 of 2023

Madhya Pradesh Vs. Dhruv Gurjar and Another2, this Court is inclined to

quash the proceedings.

4. In the result, Spl.S.C.No.171 of 2022 on the file of the learned

Special Judge, Mahila Court at Chennai stands quashed and the Criminal

Original Petition stands allowed.

                                                                                        14.07.2023
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The Special Judge, Mahila Court, Chennai.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai - 12.

2 (2019) 2 MLJ Crl. 10 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.14254 of 2023

N.ANAND VENKATESH, J.

grs

Crl.O.P.No.14254 of 2023

14.07.2023

https://www.mhc.tn.gov.in/judis