Manibalan v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.2455 of 2025 Manibalan ... Petitioner Vs

1. The State Represented By Its, The Inspector of Police, Kanai Police Station, Villupuram District.

In Cr.No.64 of 2020.

2. Manjula ... 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 in connection with entire proceedings pending in New.Spl.SC No.87 of 2020 on the file of the Learned Sessions Judge, Special Court of Exclusive Trial of cases under POCSO Act, Villupuram and quash the same. For Petitioner : Mr.S.Saravana Kumar For R1 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings pending in New.Spl.SC No.87 of 2020 on the file of the Sessions

Judge, Special Court of Exclusive Trial of cases under POCSO Act, Villupuram.

2. Heard the learned counsel for the petitioner 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 petitioner and the second respondent before this Court stating that now the petitioner and the second respondent's daughter joined together and living in a 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 petitioner and the second respondent's

daughter joined together and both are living happily and their marriage was also registered before the registering authority. and therefore, the petitioner 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 proceedings in New.Spl.SC No.87 of 2020 on the file of the Sessions Judge, Special Court of Exclusive Trial of cases under POCSO Act, Villupuram.

7. In view of the above, the proceedings in New.Spl.SC No.87 of 2020 on the file of the Sessions Judge, Special Court of Exclusive Trial of cases under POCSO Act, Villupuram, is hereby quashed as against the petitioner. The Joint Memo of Compromise filed by the petitioner and the second respondent shall form part and parcel of this Order.

8. In the result, this Criminal Original Petition stands allowed.

Consequently, connected Miscellaneous petition is closed. 13.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

1. The Sessions Judge, Special Court of Exclusive Trial of cases under POCSO Act, Villupuram.

2. The Inspector of Police, Kanai Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 13.02.2025