Santhosh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.526 of 2024 Santhosh ... Petitioner Vs.

The State rep. by 1.The Inspector of Police W-15, All Women Police Station, Royapuram, Chennai - 600 013.

(Crime No.06/2022) 2.XXXX Rep. by her Father XXXX ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in J.C.No.169 of 2022 on the files of XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai and quash the charge sheet as illegal.

For Petitioner : M/s.D.Mario Johnson For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

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The criminal original petition has been filed challenging the proceedings in J.C.No.169 of 2022, on the file of XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai. 2.When the matter came up for hearing on 19.01.2024, this Court passed the following order:

"Considering the nature of allegation that has been made, it is seen that the petitioner and the victim girl were on a relationship and the petitioner was attempting to cross the limits. Admittedly, the both of them were minors at the time of the alleged incident that took place in the year 2020. Hence, the petitioner shall be present before this Court during the next date of hearing.

2.The learned Additional Public Prosecutor shall instruct the 1st respondent to request the victim girl and her father to be present before this Court during the next date of hearing.

3.Post this case under the caption 'For Recording Compromise' on 02.02.2024 at 2.15 p.m."

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3.Pursuant to the above order the victim girl was present along with her parents. The victim girl and her parents stated that they are not willing for compromise in this case and that they want to conduct the case.

4.This Court cannot compel the parties to compromise the dispute. Therefore it is left open to the parties to raise all the issues before the Court below and the same will be considered on its own merits and in accordance with law.

5.There shall be a direction to the learned XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai to dispose of J.C.No.169 of 2022 within a period of two months from the date of receipt of a copy of this order. The petitioner shall be represented through a counsel and he shall be present before the Juvenile Justice Board as and when required.

6.This criminal original petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. 02.02.2024 pri Index: Yes/ No 3/4

Speaking Order: Yes/ No NCC: Yes/ No N.ANAND VENKATESH,J.

pri To 1.The XII Metropolitan Magistrate, Juvenile Justice Board, Kellys, Chennai.

2.The Inspector of Police W-15, All Women Police Station, Royapuram, Chennai - 600 013.

(Crime No.06/2022) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P.No.526 of 2024 02.02.2024 4/4