Naina Mohammed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No. 15475 of 2022 Naina Mohammed ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, Pathamadai Police Station, Tirunelveli District, Crime No.257 of 2020 2.Ayisha Banu ... Respondents PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records and quash the charge sheet in Spl.C.C.No.79 of 2020 on the file of the Principal District and Sessions Court, Tirunelveli. For Petitioner : Mr.S. Sathiya Chidambaram For Respondent No.1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For respondent No.2 : Mr. B. Santhanam Rajeshkumar

O R D E R

This Criminal Original Petition has been filed to call for the 1/5

records and quash the charge sheet in Spl.C.C.No.79 of 2020 on the file of the Principal District and Sessions Court, Tirunelveli.

2. The case of the prosecution is that the petitioner taken up the victim boy, who is aged about eight years and given physical sexual abuse to him. Hence, this case has been registered against the petitioner for the offence under Sections 4, 8, 7, 3(a) of Protection of Children from Sexual Offences Act in Spl.S.C.No.79 of 2020 on the file of the Principal District and Sessions Court, Thirunelveli.

3. The learned counsel appearing for the petitioner submitted that the matter has been settled between the parties amicably and prays for allowing this petition.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent submitted that out of 40 witnesses 10 witnesses have been examined and prays for dismissal of this petition.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

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6. Since the offence committed by the petitioner is serious in nature it is not possible for this Court to quash the proceedings based on the compromise memo. Hence, this Criminal Original Petition is dismissed.

7. In the circumstances, the learned counsel appearing for the petitioner seeks early disposal of the above said Spl.C.C.No.79 of 2020 on the file of the Principal District and Sessions Court, Tirunelveli, within the time stipulated by this Court.

8. In view of the said submission, there shall be a direction to the learned Principal District and Sessions Judge, Tirunelveli, to dispose the Spl.C.C.No.79 of 2020 pending on its file within a period of three months from the date of receipt of a copy of this order. 23.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp 3/5

To

1. The Principal District and Sessions Court, Tirunelveli.

2. The Inspector of Police, Pathamadai Police Station, Tirunelveli District, Crime No.257 of 2020

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

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A.A.NAKKIRAN, J.

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