R.Karunamoorthy v. The State Of Tamil Nadu Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8253 of 2025 R.Karunamoorthy ... Petitioner Vs.

1. The State of Tamilnadu Rep. By the Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai-600 012.

2. Rajkumar

3. Xxxx Victim W/o.Karnamoorthy ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in Spl.SC.No.44 of 2023 on the file of the Sessions Court, Magalir Neethimandram, Chennai and quash the same.

For Petitioner : Mr.Charles Kamalesh M.Appaji For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the SPl.SC.No.44 of 2023 on the file of the learned Sessions Court (Magalir Neethimandram) Chennai, thereby taken cognizance for the offences under Section 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 before this Court, which has been signed by the petitioner 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.

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 482 of Cr.P.C., quashes the proceeding in Spl.SC.No.44 of 2023 pending trial on the file of the Sessions Court (Magalir Neethimandram) Chennai.

5.

In view of the above, the proceedings in Spl.SC.No.44 of 2023 pending trial on the file of the learned Sessions Court (Magalir Neethimandram) Chennai, is hereby quashed as against the petitioner . The terms of Joint Memo of Compromise shall form part and parcel of this Order.

6.

Accordingly, the Criminal Original Petition stands allowed. 21.03.2025 Vv

To

1. The Sessions Court (Magalir Neethimandram) Chennai.

2. The Inspector of Police, W-16, All Women Police Station, Pulianthope, Chennai-600 012.

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

G.K.ILANTHIRAIYAN, J.

Vv Crl.O.P.No.8253 of 2025 21.03.2025