Bose v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Bose ... Petitioner Vs.

1.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.10 of 2021) 2.Sanmugavalli ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to call for the records in S.C.No.197 of 2021 in Crime No.10 of 2021 on the file of the Fast Track Mahila Court, Ramanathapuram and quash the same. For Petitioner : Mr.D.Packiaraj For R1 : Mr.P.Kottaichamy, Government Advocate(Crl.side)

ORDER

This criminal original petition has been filed to quash the charge sheet in S.C.No.197 of 2021 in Crime No.10 of 2021 on the file of the Fast Track Mahila Court, Ramanathapuram.

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2.The case of the prosecution is that the petitioner herein raped the defacto complainant's daughter, who is a mentally disordered person. 3.The petitioner claims that the issue has been amicably settled between the parties.

4.The learned Government Advocate(Crl.side) appearing for the first respondent opposes to allow this petition on the ground that it is a case of Section 376 IPC and the victim is a mentally disordered person. 5.This Court has considered the submissions made on either side. 6.The concurrence of a mentally disordered person cannot be taken as a ground to quash the charge sheet. Therefore, this Court is not inclined to entertain this petition on this ground. Accordingly, this criminal original petition is dismissed.

02.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 2/4

To 1.The Fast Track Mahila Court, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

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

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