Yuvaraj v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.10.2023 Coram:
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
1. Yuvaraj.
2. S.Jothimuthu.
... Petitioners/Accused Nos.1 & 2 /versus/
1. The State Rep. by, The Inspector of Police, All Women Police Station, Poonamallee, Chennai.
... Respondent/Complainant.
2. Sivasankari.
... Respondent/Defacto complainant Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C., pleased to call for records in Special S.C.No.94 of 2020 on the file of Sessions Judge, POCSO Court, Chengalpet and quash the F.I.R against the petitioner/accused.
For Petitioners : Ms.K.J.Atchaya For R1 : Mr.S.Udaya Kumar, Govt Advocate (Crl.Side). Page No.1/4
O R D E R
This Criminal Original Petition is filed to quash the case in Special S.C.No.94 of 2020, on the file of Sessions Judge for POCSO Court, Chengalpet.
2. The Learned Counsel appearing for the petitioners/accused submitted that the parties wants to compromise the matter and therefore, case may be quashed.
3. The Learned Government Advocate (Crl.Side) appearing for the 1st respondent submitted that, already 9 witnesses were examined on the side of the prosecution but the petitioners have not even cross examined them.
4. Offence under POCSO Act, are very serious in nature and noncompoundable. Petition under Section 482 of Cr.P.C., to quash the case of serious nature based on alleged compromise is sheer abuse of process of law and misuse of power vested on the Court. If the petitioners are innocents, they can prove their innocence by facing trial.
Page No.2/4
5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. 30.10.2023 Index :Yes/No.
Internet :Yes/No.
Speaking Order/Non-Speaking Order bsm Copy to:-
1. The Learned Sessions Judge, POCSO Court, Chengalpet.
2. The Inspector of Police, All Women Police Station, Poonamallee, Chennai.
3. The Public Prosecutor, High Court, Madras. Page No.3/4
Dr.G.Jayachandran, J.
bsm 30.10.2023 Page No.4/4