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Madras High CourtCRL OP(MD)/19183/2018allowed

Saravanan v. The Inspector Of Police

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.19183 of 2018 Saravanan ... Petitioner Vs.

1.State represented by the Inspector of Police, All Women Police Station, Samayanallur, Madurai.

Crime No.100 of 2015 2.Ramya

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case pending in Spl.S.C.No.34 of 2018 on the file of the District and Sessions Court (Mahila), Madurai.

For Petitioner : Mr.R.Karunanidhi For R1 : Mr.R.Anandharaj, APP.

For R2 : Mr.S.Thirumalai

ORDER

This criminal original petition has been filed to call for the records pertaining to the case pending in Spl.S.C.No.34 of 2018 on the file of the District and Sessions Court (Mahila), Madurai. 2.The respondent police registered the FIR against the petitioner in Crime No.100 of 2015 for the offence under Sections 6 and 8 of POCSO Act, 2012. Subsequently, the case was investigated and a final report has also been filed before the District and Sessions Court (Mahila), Madurai and the same was taken on file in Spl.S.C.No.34 of 2018.

3.The petitioner and the second respondent were present before this Court. This Court personally enquired the defacto complainant. She stated that she was born on 30.06.1999. The petitioner is her cousin brother and they had a relationship. Subsequently, the petitioner had chosen to marry some other person and therefore, the second respondent had given a complaint before the respondent https://hcservices.ecourts.gov.in/hcservices/

police.

4.The defacto complainant further stated that she has completed her studies and efforts are taken to get married. Further due to the pending case, her marriage is getting delayed. She also categorically made a statement that she does not want to pursue with this case and the same may be closed.

5.Taking into consideration the statement made by the defacto complainant before this Court, this Court is of the considered view that no useful purpose will be served by keeping the proceedings pending before the Court below. It involves the personal life of both the petitioner and the second respondent and pendency of the proceedings will only cause further damage to the future life of the second respondent.

6.In view of the above, the proceedings in Spl.S.C.No.34 of 2018 on the file of the District and Sessions Court (Mahila), Madurai, is hereby quashed and the criminal original petition allowed.

Sd/ Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar(CS-II) To 1.The District and Sessions Judge (Mahila Court), Madurai.

2.The Inspector of Police, All Women Police Station, Samayanallur, Madurai.

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

+2cc to Mr.R.KARUNANIDHI, Advocate, SR.No.92299 Crl.O.P.(MD) No.19183 of 2018 MM KK/RP/SAR-2/22.11.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/