Pushpalingam v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7129 of 2025 and Crl.M.P.No.4546 of 2025 Pushpalingam ... Petitioner Vs.

1.State by:

The Inspector of Police Ariyankuppam Police Station, Puducherry.

(Crime No.39 of 2016).

2.Vijayalakshmi ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Spl.S.C.No.25 of 2023 on the file of the Special Court for Exclusive Trial of POCSO Cases, Puducherry and quash the same in respect of the petitioner.

For Petitioner : Mr.P.Pugalenthi For R1 : Mr.K.S.Mohandass, Public Prosecutor (Pondicherry)

O R D E R

This petition has been filed to quash the proceedings in Spl.S.C.No.25 of 2023 pending on the file of the Special Court for Exclusive Trial of POCSO Cases, Puducherry.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo has been filed by the petitioner and his wife (victim girl) before this Court stating that now she married the petitioner and living with him in very happiest manner. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.

It is seen that now the victim girl attains majority and she married the petitioner/accused and gave birth to a child. Their marriage also got registered before the authority concerned. Now both are living happily and therefore, the petitioner need not go for ordeal of trial. 5.

Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the proceeding in Spl.S.C.No.25 of 2023 pending trial on the file of the Special Court for Exclusive Trial of POCSO Cases, Puducherry 6.

In view of the above, the proceedings in Spl.S.C.No.25 of 2023 on the file of the Special Court for Exclusive Trial of POCSO Cases, Puducherry is hereby quashed as against the petitioner. The Joint Compromise Memo filed by the petitioner and his wife (victim girl) shall

form part and parcel of this Order.

7.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 24.03.2025 : Yes/No Speaking/non-speaking order shk

To 1.Special Court for Exclusive Trial of POCSO Cases, Puducherry 2.The Inspector of Police Ariyankuppam Police Station, Puducherry.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.7129 of 2025 and Crl.M.P.No.4546 of 2025 24.03.2025