Rajesh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No. 4005 of 2025 Rajesh ....

Petitioner Vs State Rep. By The Inspector of Police, All Women Police Station, Villupuram.

Cr.No.142 of 2024.

2. S.Susikalai ....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records pertaining to the FIR in Cr.No.142 of 2024 dated 21.12.2024 registered by the respondent for an offence u/s.366, 342 of IPC r/w 5(1) r/w 6 of POCSO Act. For Petitioners : Mr.N.Baaskaran For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the FIR in Crime No.142 of 2024 dated 21.12.2024 on the file of the first respondent as against the

petitioner, thereby taken cognizance for the offences under Section 366, 342 of IPC r/w 5(1) r/w 6 of POCSO Act.

2.

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

A Joint Memo of Compromise has been filed by the second respondent 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 viz., the second respondent attains majority and she married the 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 FIR in Crime No.142 of 2024 on the file of the first respondent.

6.

In view of the above, the FIR in Crime No.142 of 2024 on the file of the first respondent and the consequential proceedings, if any, is hereby quashed as against the petitioner. The terms of Joint Memo of Compromise shall form part and parcel of this Order.

7.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Inspector of Police, All Women Police Station, Villupuram.

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

05.03.2025