Madras High CourtCRL OP(MD)/1519/2022allowed

A.Thibakar v. The Inspector Of Police

2022-01-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1519 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1519 of 2022 A.Thibakar ... Petitioner No.1/ Sole Accused Vs.

1.The State represented by The Inspector of Police, All Woman Police Station, Melur Taluk, Madurai District.

(Crime No.11 of 2020) ... 1st respondent/ Complainant 2.XXXXX ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in special S.C.No.88 of 2020 in Crime No.11 of 2020 on the file of the learned Special Court for POCSO Act, Madurai and quash the same.

For Petitioner : Mr.A.Prabhu Raj For Respondents : Mr.E.Antony Sahaya Prabahar Additional public Prosecutor for R.1

ORDER

The petitioner is facing trial in Spl.S.C.No.88 of 2020 on the file of the learned Special Court POCSO Act, Madurai.

2. The only allegation of the petitioner is that he had held the hands of the victim without her consent. The petitioner is aged about 22 years. The defacto complainant is present in person before this Court. She has been duly identified by M.Jeyapradha, WHC 1830, All Women Police Station, Melur. The allegations are rather minor. Since the victim does not want to pursue the matter, no purpose will be served in keeping the prosecution alive. The parties have also filed a joint Compromise Memo dated 10.01.2022. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1519 of 2022 impugned proceedings are quashed. This Criminal Original Petition is allowed. The Compromise Memo shall form part of the record. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Mga Enclosed herewith Copy of the Joint Compromise Memo Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Special Court for POCSO Act, Madurai.

2.The Inspector of Police, All Woman Police Station, Melur Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.PRABHU RAJ, Advocate ( SR-3074[F] dated 31/01/2022 ) Crl.O.P(MD)No.1519 of 2022 28.01.2022 RD(28.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2