Stephenraj v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.13983 and 13984 of 2023

1. Stephenraj

2. Selvam

3. Rajalakshmi

4. Jayanthi .. Petitioners

Versus

1. State, Rep. by Inspector of Police, Nettapakkam Police Station, Pondicherry.

(Crime No.124 of 2022)

2. Roseline Sheela .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in Spl.S.C.No.191 of 2023 on the file of the Special Judge (Court) under POCSO Act, 2012, Pondicherry and to quash the same in so far the petitioners 1, 2, 3 and 4 is concerned.

For Petitioners : Mr.P.Veeraraghavan For Respondents : Mr.M.V.Ramachandramurthy, 1/6

Additional Public Prosecutor (Pondicherry), for R1 2/6

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in Spl.S.C.No.191 of 2023 on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry and quash the same.

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. The parties and the victim girl, Swathi are present before this Court and they are identified by Mr.S.Radjakoumar, Inspector of Police, Nettappakkam Police Station. The victim girl stated that she married the first petitioner and through the marriage, there is a girl child named Sameera, 10 months old. She came along with her parents namely, Selvam and Rajalakshmi. The first petitioner who is the husband of the victim girl is also present before this Court. She stated that she is now living happily with the first petitioner and that the marriage has been accepted by both sides.

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4. 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 in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the case in Spl.S.C.No.191 of 2023, pending on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.191 of 2023, pending on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry is quashed. Consequently, connected miscellaneous petitions are closed. 25.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note : Issue order copy on 26.09.2023 4/6

To

1. The Special Judge (under POCSO Act, 2012), Puducherry.

2. The Public Prosecutor, High Court of Madras.

3. The Inspector of Police, Nettapakkam Police Station, Pondicherry.

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N.ANAND VENKATESH, J.

grs and Crl.M.P.Nos.13983 and 13984 of 2023 25.09.2023 6/6