Madras High CourtCRL OP/20915/2023dismissed

Krishnamoorthy v. State Rep.By

2024-03-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Krishnamoorthy ... Petitioner Vs.

1.State rep. by Inspector of Police, Mettupalayam Police Station, Puducherry.

(Crime No.26 of 2022) 2.Guna Sowndharya 3.Lakshmi ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to Spl.S.C.No.126 of 2023 on the file of Sessions Judge, Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry for an offence under Sections 376(C), 506(2) of IPC r/w.6, 10, 12, 18 of Protection of Child from Sexual Offences Act, 2012 and quash the same.

For Petitioner : M/s.G.Mohammed Aseef For Respondents : Mr.K.S.Mohandoss for R1 Public Prosecutor (Puducherry)

O R D E R

The criminal original petition has been filed seeking to quash the 1/4

proceedings in Spl.S.C.No.126 of 2023 pending on the file of the learned Sessions Judge, Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry, on the ground of compromise between the parties.

2.On carefully going through the 164 statements that have been recorded from the victim girl and her mother wherein the victim girl has given graphical descriptions of whatever happened, this Court is not inclined to quash the proceedings on the ground of compromise. If the proceedings are to be quashed on the ground of compromise, based on the statement that has been made by the complainant who is the mother of the victim girl, the complainant will be subjected to prosecution under Section 22 of the POCSO Act. 3.It is left open to the petitioner to raise all the grounds before the Court below and defend his case.

4.In the result, this criminal original petition stands dismissed. 19.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 2/4

To 1.The Sessions Judge, Fast Track Court Exclusively to deal with offences under the POCSO Act, Puducherry.

2.The Inspector of Police, Mettupalayam Police Station, Puducherry.

(Crime No.26 of 2022) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri 19.03.2024 4/4