Ross v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20895 of 2019 and Crl.M.P.No.10775 of 2019 Mrs.Rose ... Petitioner (Defacto Complainant) vs.

1.State rep by: The Inspector of Police, Vellavedu Police Station, Tiruvallur District.

2.Manikandan ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the entire proceedings in Spl.S.C.No.24 of 2019, pending before the District and Sessions Court, Tiruvallur and quash the same. For Petitioner : Mr.M.Liyagatali For Respondent :Mr.C.Raghavan Government Advocate (Crl.side) for R1

ORDER

This petition has been filed by the defacto complainant to close the proceedings in Spl.S.C.No.24 of 2019, pending before the District and Sessions Court, Tiruvallur.

2. Based on the complaint given by the petitioner, an FIR came to be registered by the respondent police for an offence under Section 366 (A) of IPC and 6 of the POCSO Act. On investigation, a final report was also filed before the Court below and the same was taken on file for the very same offences.

3. The petitioner was present before this Court and she informed this Court that she does not want to prosecute the case, since it will have a very serious consequence on the life https://hcservices.ecourts.gov.in/hcservices/

of her daughter, who has already married and has given birth to a child very recently. She further stated that the in-laws do not know about the incident and if they come to know of the incident, her daughter will virtually loose her marital life. An affidavit was also been filed to that effect before this Court.

4. Taking into consideration the facts and circumstances of the case, no useful purpose will be served in keeping the proceedings pending and therefore, this Court is inclined to quash the proceedings in Spl.S.C.No.24 of 2019, pending before the District and Sessions Court, Tiruvallur.

5. In the result, the proceedings in Spl.S.C.No.24 of 2019, pending before the District and Sessions Court, Tiruvallur, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ub To 1.The District and Sessions Court, Tiruvallur.

2.The Inspector of Police, Vellavedu Police Station, Tiruvallur District.

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

+1cc to Mr.M.Liyagatali, Advocate Sr.70278 Crl.O.P No.20895 of 2019 pa[co] srg 18/09/2019 https://hcservices.ecourts.gov.in/hcservices/