M.Yasar Arafath v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Yasar Arafath ... Petitioner Vs.

1.The State Rep by The Inspector of Police, Ranipet AWPS, Ranipet District (ref.Cr.No.21 of 2024) 2.Alima Bee ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to Spl.S.C.No.45 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Vellore and quash the same. For Petitioner : Mr.Sunil Kumar R For Respondents For R1 : Mr.R.Vinothraja, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the Spl.S.C.No.45 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Vellore, thereby taken cognizance for the offences under Sections 75, 77, 74, 351(3) of BNS and Sections 11(1), 12 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 Compromise Memo has been filed before this Court, which has been signed by the petitioner and the complainant / the second respondent and also by the petitioner's counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the petitioner, he also produced a photocopy of his Aadhaar Card and it is 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 impugned 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.45 of 2025 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Vellore. 5.

In view of the above, the proceedings in Spl.S.C.No.45 of 2025 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act at Vellore, is hereby quashed as against the petitioner. The terms of the aforesaid Joint Compromise Memo dated 20.03.2025 shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Madras High Court, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. 30.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To 1.The Special Court for Exclusive Trial of Cases under POCSO Act at Vellore 2.The Inspector of Police, Ranipet AWPS, Ranipet District

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

G.K.ILANTHIRAIYAN, J.

lok 30.04.2025