Inspector Of Police v. Pounraj
Suo Motu TR.No. 19214 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.19214 of 2025 (PRC.No.100002 of 2015 of the District Munsif cum Judicial Magistrate Court, Denkanikottai Taluk, Krishnagiri) For Petitioner : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025. 2.The case was registered in Cr.No.231 of 2013 dated 23.07.2013 for the alleged offence under Section 366(A) of IPC r/w Sections 3 and 4 of The Protection Of Children from Sexual Offences Act, 2012. Since the case is serious in nature, the Court cannot go by the version of the defacto complainant alone. As far as defacto complainant is concerned, it is stated that the victim has subsequently attained majority and she got married to another person. It is stated by the victim's mother that even inquiring the victim for this case will be a problem for her present life and therefore, she doesn't want the victim to be disturbed in any manner whatsoever. The defacto complainant also submitted that she has no objection for the case being closed. It can be seen that this is not a case of forcible sexual intercourse, but however, a love affair and elopement. But the girl is below the age of 18 years at the time of incident and the boy was also 17 years only.
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Suo Motu TR.No. 19214 of 2025 D.BHARATHA CHAKRAVARTHY, J.
3. Considering the facts and circumstances of the case and the fact that the accused is facing the proceedings from the year 2013 and on behalf of the victim the case has not to be proceeded further. There are two factors for the consideration of this Court. Firstly, no meaningful trial is likely since the defacto complainant will not be deposing before the Court. Secondly, disturbing the defacto complainant for this case is said to affect her present life also. In that view, considering the age of the accused I am of the view that this is an appropriate case for the exercise of jurisdiction under Section 482 of the Code of Criminal Procedure.
4. Accordingly, the case in PRC.No.100002 of 2015 on the file of District Munsif cum Judicial Magistrate Court, Denkanikottai Taluk, Krishnagiri shall stand quashed and this Suo Motu Transfer Case stand disposed of.
29.10.2025 ssa electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.
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