Surendran vs State Represented Through
2022 Latest Caselaw 13996 Mad

                                                                    Crl.O.P.(MD) No.14005 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 05.08.2022

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                          Crl.O.P.(MD) No.14005 of 2022
                                                       and
                                           Crl.M.P(MD)No.9213 of 2022


                     Surendran,
                                                                                    : Petitioner

                                                       Vs

                     1.State represented through
                     The Inspector of Police,
                     All Women Police Station,
                     Ambasamuthiram All Women Police Station,
                     Tirunelveli District.

                     2. Xxxxx,
                                                                                 : Respondents




                     PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
                     praying to call for the records connected with the Impugned Charge
                     Sheet in Spl.CC.No.122 of 2019, on the file of the Special Court for the
                     Exclusive Trial of POCSO Act Cases, Tirunelveli and quash the same as
                     illegal.


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P.(MD) No.14005 of 2022

                                        For petitioner     : M/s.Vignesh A,

                                        For R1             : Mr.E.Antony Sahaya Prabahar,
                                                           Additional Public Prosecutor

                                        For R2             : Mr.S.Ramesh Kumar


                                                           ORDER

The Criminal Original Petition has been filed to quash the Charge

Sheet in Spl.CC.No.122 of 2019, on the file of the Special Court for the

Exclusive Trial of POCSO Act Cases, Tirunelveli, for the offences

punishable under Section 368(A) IPC and Section 6 of Protection of

Child from Sexual Offences, Act, 2012 in Crime No.160 of 2016.

2.The case of the prosecution is that based on the complaint lodged

by the defacto complaint, an FIR in Crime No.160 of 2016 had been

registered. After investigation, charge sheet had been filed before the

Mahila Court, Tirunelveli and the same was taken on file as Spl.C.No.

111 of 2018. Then, it was transferred to the file of the Special Court for

the Exclusive Trial of POCSO Act Cases, Tirunelveli and the same was

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14005 of 2022

taken cognizance as Spl.C.C.No.122 of 2019, for the offences

punishable under Section 368(A) IPC and Section 6 of Protection of

Child from Sexual Offences, Act, 2012

3.The victim is present before this Court and stated that she

married the accused person and out of their wedlock, two children were

born. She informed that the defacto complainant/father of the second

respondent and her mother died.

4.The case is under trial. By passage of time, the parties have

decided to bury their hatchet and compromise the dispute amicably

among themselves.

5. A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioner and the second respondent and

also by their respective counsel. The petitioner and the second

respondent were also present in person before this Court and they were

identified by Mrs.S.Prasanth, Gr-I of Police, Cheranmahadevi Police

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14005 of 2022

Station, Tirunelveli as well as by the learned Counsels appearing for the

parties. This Court also enquired both the parties and was satisfied that

the parties have come to an amicable settlement between themselves.

6. In the instant case, the dispute is of personal in nature and the

parties had compromised. Where the parties have compromised the

matter, the High Court has power to quash the complaint for the offence

under Section 368(A) IPC and Section 6 of Protection of Child from

Sexual Offences, Act, 2012.

7. The legal position expressed by the Hon'ble Apex Court in the

case of Gian Singh vs. State of Panjab and another reported in

(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State

of Gujrath) reported in (2017)9 SCC 641 were taken into consideration.

8. In the light of the guidelines issued in the above said Judgments

of the Hon'ble Apex Court, no useful purpose will be served in keeping

the proceedings in Spl.CC.No.122 of 2019, on the file of the Special

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14005 of 2022

Court for the Exclusive Trial of POCSO Act Cases, Tirunelveli, even

though, the offences involved are not compoundable in nature.

9. Accordingly, this Criminal Original Petition stands allowed and

as a sequel, the proceedings in Spl.CC.No.122 of 2019, on the file of the

Special Court for the Exclusive Trial of POCSO Act Cases, Tirunelveli,

is quashed and the terms of joint compromise memo shall form part and

parcel of this order. Consequently, connected miscellaneous petition is

closed.

05.08.2022

Internet:Yes Index:Yes/No Speaking/Non speaking order lr

To

1.The Inspector of Police, All Women Police Station, Ambasamuthiram All Women Police Station, Tirunelveli District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.14005 of 2022

V.SIVAGNANAM, J.

lr

Crl.O.P.(MD) No.14005 of 2022

05.08.2022

https://www.mhc.tn.gov.in/judis