Ethiraj @ Vinoth v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.5417 of 2024 Ethiraj @ Vinoth S/o.Ravi ... Petitioner Vs.
1.The State represented by The Inspector of Police, All Women Police Station, Cheyyar, Tiruvannamalai District.
2.Rajarajeswari D/o.Ramu ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Special S.C.No.136 of 2019 pending on the file of the Special Court for Trial of Cases under POCSO Act, Tiruvannamalai and quash the same. For Petitioner : Mr.B.Jawahar For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) [R1] *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.136 of 2019 pending on the file of Special Court for Trial of Cases under POCSO Act, Tiruvannamalai.
2. The case is still at the stage of trial. By passage of time, the 1/4
parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The petitioner and second respondent were present in person before this Court and they were identified by Ms.A.Rani, Special SubInspector of Police, Cheyyar AWPS, Tiruvannamalai District [90250 55582]. They have stated that they have entered into a compromise and amicably settled their issues in S.C.No.136 of 2019 pending on the file of Special Court for Trial of Cases under POCSO Act, Tiruvannamalai. This Court also enquired both the parties. The victim girl stated that she has married the petitioner and through the marriage, there is a girl child, aged about 6 years. She further stated that both the families have now accepted the marriage and she is living happily with the petitioner and requested this Court to close the proceedings. This Court 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 case 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 2/4
@ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in S.C.No.136 of 2019 pending on the file of Special Court for Trial of Cases under POCSO Act, Tiruvannamalai. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.136 of 2019 pending on the file of Special Court for Trial of Cases under POCSO Act, Tiruvannamalai, is quashed. Consequently, connected miscellaneous petition is closed. 28.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.
gm To 1.The Special Court for Trial of Cases under POCSO Act, 3/4
Tiruvannamalai.
2.The Inspector of Police, All Women Police Station, Cheyyar, Tiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
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