M.K.M.Aysha Siddika v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA M.K.M.Aysha Siddika Petitioner Vs

1. The Inspector of Police Odiansalai police Station, Puducherry.

Crime No. 77/2024.

2.XXXXXX xxxxx, xxxxx, Vembakeerapalayam, Puducherry.

Respondents PRAYER: Criminal Original Petition filed under Section 528 BNSS to call for the records on the file of the Court of the learned Special Judge, Fast Track Court, (POCSO Act), 2012 at Puducherry in Spl.S.C.No. 34/2024 and quash the same as against the petitioner/accused No.3.

For Petitioner:

Mr.S. Natarajan For R1:

Mr.M.V.Ramachandramurthy Public Prosecutor, Puducherry assisted by Mr.A.Alexandar Governement Advocate (Puducherry)

For R2 :

Mr. A.H.Alim

ORDER

The Criminal Original Petition has been filed to call for records on the file of the Court of the learned Special Judge, Fast Track Court, (POCSO Act), 2012 at Puducherry in Spl.S.C.No.34 of 2024 and quash the same as against the petitioner/accused No.3.

2. Learned counsel for the petitioner would submit that the petitioner is a Medical Doctor by profession. She has been arrayed as A3 in this case. The allegation against her is that she has not informed the Police after knowing that the victim who is a minor and who had come to her for treatment, was found pregnant. He would further submit that the fact remains that the victim had come along with her mother. When the petitioner enquired about the age of the victim, her mother had informed that the victim was aged about 20 years. He would further submit that as on date, the victim and the first accused had got married and they had also got a child and vide order dated 28.04.2025 in Crl.O.P.No.11829 of 2025 filed by the victim, the case in Spl.S.C.No.34 of 2024 against the first accused was quashed. The victim has filed an affidavit before this Court admitting that false information has been given about her age, when she had come to the petitioner for treatment. He would further submit that when the case against the main accused has been quashed, the further

proceedings against the petitioner would be an abuse of process of law and hence would request for quashing the proceedings.

3. The learned Public Prosecutor, Puducherry would submit that the matter was compromised between the victim and the main accused and hence in Crl.O.P.No.11829 of 2025, by order dated 28.04.2025, this Court had quashed the proceedings against the main accused.

4. The learned counsel appearing for the second respondent/de facto Complainant who is present before this Court would submit that when the second respondent/ de facto complainant had gone for treatment to the petitioner, she had informed that she was aged about 20 years at that time. He would further submit that the case in respect of the main accused, A1 and A2 has been quashed on the ground of compromise.

5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

6. The petitioner is the 3rd accused who is a doctor and who is said to have given treatment to the victim. The allegation against her is that she had not informed about the offence committed against the minor to the police

immediately. The fact remains that the matter has been compromised between the parties and the case against the main accused had been quashed vide order dated 28.04.2025 in Crl.O.P.No.11829 of 2025.

7. Now, the de facto complainant/victim has filed an affidavit before the Court admitting that she has given wrong information about her age to the petitioner. Under such circumstances, this Court is of the view that no useful purpose will be served by keeping the case in Spl.S.C.No.34 of 2024 against the petitioner pending.

8. Accordingly, this Criminal Original Petition stands allowed and the proceedings against the petitioner in Spl.S.C.No.34 of 2024 on the file of the learned Special Judge, Fast Track Court (POCSO Act) Puducherry stands quashed.

17-11-2025 shl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Inspector of Police Odiansalai Police Station, Puducherry.

2. The Public Prosecutor Puducherry

A.D.JAGADISH CHANDIRA J.

shl 17-11-2025