Chinna @ Parasuraman v. State By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6826 of 2025 and Crl.M.P.Nos.4335 & 4337 of 2025

1. Chinna @ Parasuraman

2. Ariharan ... Petitioners Vs.

1. The State by The Inspector of Police, Thirubuvanai Police Station, (Crime No.127 of 2023)

2. Manimegalai ... Respondents Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Special S.C.No.250 of 2023 on the file of the Fast Track Court exclusively to deal with the offences under the POCSO Act, Puducherry and quash the same.

For Petitioners : Mr.C.Munusamy For Respondents For R1 : Mr.K.S.Mohandass Public Prosecutor (Pondy)

ORDER

This petition has been filed to quash the proceedings in Special S.C.No.250 of 2023 pending on the file of the Fast Track Court exclusively to deal with the offences under the POCSO Act, Puducherry, as against the petitioners, thereby taken cognizance for the offences under Section 366 of IPC and Sections 6, 17 of Protection of Child from Sexual Offences Act, 2012.

2.

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

A Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the defacto complainant and also by their respective counsel. 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 first petitioner/accused. Their marriage also got registered before the authority concerned. Now both are living happily and therefore, the petitioners 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 Special S.C.No.250 of 2023 pending trial on the file of the Fast Track Court exclusively to deal with the offences under the POCSO Act, 6.

In view of the above, the proceedings in Special S.C.No.250 of 2023 on the file of the Fast Track Court exclusively to deal with the offences under the POCSO Act, Puducherry, is hereby quashed as against the petitioners. The Memo of Compromise shall form part and parcel of this Order.

7.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 17.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Judge, Fast Track Court exclusively to deal with the offences under the POCSO Act,

2. The Inspector of Police, Thirubuvanai Police Station,

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.6826 of 2025 and Crl.M.P.Nos.4335 & 4337 of 2025 17.03.2025