1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.16520 of 2011 and M.P.(MD) No.2 of 2011 Manikandan :Petitioner -Vs- 1.The Inspector of Police, Thadikombu Police Station, Dindigul Taluk and District. Crime No.488 of 2009 2.K.Murugeswari :Respondents Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to P.R.C.No.10 of 2011 on the file of the Judicial Magistrate No.II, Dindigul and quash the same as illegal. For Petitioner :Mr.V.Karuna For Respondents :Mr.P.Kandasamy, Govt. Advocate (Crl.side) for R1 R2- appeared ORDER This Criminal Original Petition has been filed to call for the records pertaining to P.R.C.No.10 of 2011 on the file of the Judicial Magistrate No.II, Dindigul and quash the same as illegal. 2.Heard Mr.V.Karuna, learned counsel appearing for the petitioner and Mr.P.Kandasamy, learned Government Advocate (Criminal side) appearing for the 1st respondent/ State. 3.The petitioner and the defacto complainant/2nd respondent and the victim girl are present before this Court. The second respondent/defacto complainant had admitted the compromise reached in between the parties and would also submit that the petitioner her daughter viz., the victim girl, who is now married to the petitioner on 19.10.2011 at Dindigul, are living happily. The victim girl, who has attained majority now, would express her willingness to compromise the matter and an affidavit has also been produced before this Court. The petitioner has also admitted that he married the victim girl and is living happily. 4.On perusal of the affidavit and the statement of both the parties before this Court, I could see that the matter has been compromised in between the parties. However, the alleged offence under Sections 366(A) I.P.C and 368 I.P.C are said to have committed during the minority of the victim girl in the https://hcservices.ecourts.gov.in/hcservices/ 2 year 2009. Now, the charge sheet has been filed and it was taken on file by the learned Judicial Magistrate concerned and he has taken cognizance of the case in P.R.C.No.10 of 2011 and it is pending before the learned Judicial Magistrate No.II, Dindigul for committal. Since, the offence has taken place during the minority of the victim girl, even though the parties have compromised the dispute after attaining the majority of the victim girl and they have also married together, the nature of offence under Section 366(A) and 368 I.P.C. cannot be quashed without following formalities and it has to go for the ordeal of the trial. However, considering the compromise reached in between the parties, I direct the learned Judicial Magistrate No.II, Dindigul, to dispose of the case in P.R.C.No.10 of 2011 pending on his file preferably within 15 days from the date of receipt of a copy of this order and to commit the case to the learned Principal Sessions Judge, Dindigul and the learned Sessions Judge, Dindigul is directed to take the cognizance of the case immediately and to post the same before him and to try the same and to dispose of the case in accordance with law, within a period of one month from the date of taking cognizance. 5.With the aforesaid direction, this criminal original petition is dispose of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CO) / TRUE COPY / Sub Assistant Registrar To: 1.The Judicial Magistrate No.II, Dindigul. 2.-Do- Thro' The Chief Judicial Magistrate, Dindigul. 3.The Inspector of Police, Thadikombu Police Station, Dindigul Taluk and District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy To: The Principal Sessions Judge, Dindigul. Arul RP/03.01.2012/2P/6C. Crl.O.P.(MD)No.16520 of 2011 22.12.2011. https://hcservices.ecourts.gov.in/hcservices/