Selvakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23209 of 2021 and Crl.M.P.No.12714 of 2021 Selvakumar ... Petitioner Vs.

1. State by, The Inspector of Police, Thanipadi Police Station, Thanipadi District.

(Cr.No.1085/2020)

2. Deepika ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records in Spl.S.C.No.96 of 2020 on the file of the District Sessions Judge, Special Court for POCSO Cases, Thiruvannamalai, Thiruvannamalai District and quash the charge sheet pending against the pettioner.

For Petitioner : Mr.S.Silambu Selvan For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor for R1

O R D E R

The petitioner has filed this petition seeking to call for the records and to quash the charge sheet in Spl.S.C.No.96 of 2020 on the file of the District Sessions Judge, Special Court for POCSO Cases, Thiruvannamalai, Thiruvannamalai District, pending against the petitioner.

2. The petitioner approached this Court, prayed to quash the proceedings stating that the matter was compromised between them. At the time of enquiry, the learned Additional Public Prosecutor would submit that the defacto complainant along with her mother appears before this Court. Both the petitioner and the defacto complainant/2nd respondent was enquired in the open court. The defacto complainant/2nd respondent admits that she https://hcservices.ecourts.gov.in/hcservices/

married the petitioner and now she is in the family way more than seven months. The mother of the 2nd respondent/defacto complainant also appeared before this Court and admits that the petitioner was aged about 28 years and he is the maternal uncle's son and they are closed relatives. Further she admits that, now her daughter married with the petitioner and she is in the family way and both are living together at petitioner's house. Since the matter between them was almost settled, the 2nd respondent married the petitioner and all were living together and the girls aged about 18 years attained majority and she also in the family away which proves that the matter was amicably settled and they are leaving together peacefully. The defacto complainant / 2nd respondent herself admits that she is leaving peacefully with the petitioner.

3. This Criminal Original Petition stands disposed of and as a sequel, the charge sheet, pending on the file of the District Sessions Judge, Special Court for POCSO Cases, Tiruvannamalai, Tiruvannamalai District, is quashed.

Consequently, connected miscellaneous petitions, if any, is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar drl To

1. The District Sessions Judge, Special Court for POCSO Cases, Tiruvannamalai, Tiruvannamalai District.

2. The Inspector of Police, Thanipadi Police Station, Thanipadi District.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Silambu Selvan, Advocate, S.R.No.1239 [27/04/2022] Crl.O.P.No.23209 of 2021 PL(CO) SU(28/12/2021) https://hcservices.ecourts.gov.in/hcservices/