Siva @ Sivakumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.MP.No.19694 of 2023 1.Siva @ Sivakumar,(M/A-28) S/o.Venkatesan 2.Jeyammal (F/A-65) W/o.Venkatesan 3.Lakshmi (F/A-52) ... Petitioner/Accused W/o.Nagaraj vs.

1.The Inspector of Police Alandurai Police Station Coimbatore District.

(Crime No.22 of 2022) ..1st Respondent/Complainant 2.Manimegalai S/o.Siva @ Sivakumar ...2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating the case in Spl.SC.No.177 of 2022, on the file of the Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore herein and quash the same.

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For Petitioner : Mr.K.Muthurakkan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 Mr.D.Arulprakash Antony Prabhu for R2 *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.177 of 2022, pending on the file of the Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise dated 21.08.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court. The petitioners and second respondent were also present in person before this Court. In the affidavit, it has been stated 2/6

that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Spl.SC.No.177 of 2022, pending on the file of the Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore

4. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The victim girl was present before this Court she stated that the 1st petitioner is none other than the son of her father's sister and the marriage was conducted considering the fact that the mother became very ill. She further submitted that there is a child born to her with the 1st petitioner named Pirajin, aged about 1 1⁄2 year and the child was also present before this Court. The victim girl and her mother Lakshmi stated that they are not interested in proceeding further in this case. The victim girl stated that she is living happily with the 1st petitioner.

5. 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 @ 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 3/6

in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in Spl.SC.No.177 of 2022, pending on the file of the Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.177 of 2022, pending on the file of the Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

23.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order KP 4/6

To 1.The Inspector of Police Alandurai Police Station Coimbatore District.

2.The Special Court for Exclusive Trial of Cases under Pocso Act, Coimbatore.

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

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N. ANAND VENKATESH., J KP 23.08.2023 6/6