Pradeep (Amended As Per Order Dated 11.07.2025 In Crl.Mp.No.13234 Of 2025 In Crl Op.No.12572 Of 2025 v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Pradeed

2. Elangovan

3. Selvi

4. Karthikeyan ... Petitioners Vs

1. The State By Inspector of Police, AWPS- Polur Police Station, Crime No.19/2024

2. Poongothai ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to Special SC.No.49/2025 in Crime No.19/2024 pending on the file of the Special Court for exclusive trial of Cases under POCSO Act, Tiruvannamalai District and quash the same.

For Petitioners : Mr.D.Thirumoorthy For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the final report filed in Special SC.No.49/2025 in Crime No.19/2024 pending on the file of the Special Court for exclusive trial of Cases under POCSO Act,

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record.

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

4. A Joint Compromise Memo has been filed by the petitioners and the second respondent before this Court stating that now the victim girl got married with the first 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.

5. It is seen that now the victim girl 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 an ordeal of trial.

6. 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 SC.No.49/2025 in Crime No.19/2024 pending on the file of the Special Court for exclusive trial of Cases under POCSO Act, Tiruvannamalai District.

7. In view of the above, the proceedings in Special SC.No.49/2025 in Crime No.19/2024 pending on the file of the Special Court for exclusive trial of Cases under POCSO Act, Tiruvannamalai District, is hereby quashed as against the petitioner. The Joint Memo of Compromise filed by the petitioners and the second respondent shall form part and parcel of this Order.

8. In the result, this Criminal Original Petition stands allowed. 24.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Special Court for exclusive trial of Cases under POCSO Act,

2. The Inspector of Police, AWPS- Polur Police Station,

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 24.04.2025