Madras High Court
Kalimuthu vs The State Represented By on 12 August, 2022
Crl.O.P.(MD) No.14151 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.O.P.(MD) No.14151 of 2022
and
Crl.M.P(MD)No.9095 of 2022
Kalimuthu, : Petitioner
Vs
1. The State represented by
The Inspector of Police,
Seethaparpanallur Police Station,
Tirunelveli.
Crime.No.130 of 2017.
2. Alagumuthu, : Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.
praying to call for the records pertaining to the impugned Charge Sheet
in Spl.S.C.No. 99 of 2019 on the file of the learned Sessions Judge,
Special Court for POCSO Act Cases, Tirunelveli District and quash the
same.
For petitioner : M/s Anbarasu.D,
For R1 : Mr.A.Albert James,
Government Advocate (Crl.Side)
1/6
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Crl.O.P.(MD) No.14151 of 2022
ORDER
The Criminal Original Petition has been filed to quash the Charge
Sheet in Spl.S.C.No. 99 of 2019 on the file of the learned Sessions Judge,
Special Court for POCSO Act Cases, Tirunelveli District, for the offences
punishable under Section 366 IPC and Section 12 of Protection of Child
from Sexual Offences Act, 2012 in Crime No.130/2017.
2.The case of the prosecution is that the petitioner and defacto
complainant loved each other. On knowing this, the defacto complainant
arranged marriage for his daughter with some other person. Therefore,
she went away from her house and after attaining age of majority, she
married the petitioner. Meanwhile, the defacto complainant lodged a
complaint against the accused person.
3.The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves.
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Crl.O.P.(MD) No.14151 of 2022
4. 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 Mr.Ramakrishnan, HC of Police, Seethaparpanallur Police
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.
5. 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 to power to quash the complaint for the
offence under Section 366 IPC and Section 12 of Protection of Child
from Sexual Offences Act, 2012.
6. 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
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Crl.O.P.(MD) No.14151 of 2022
of Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
7. 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.S.C.No. 99 of 2019 on the file of the learned
Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli District
even though, the offences involved are not compoundable in nature.
8. Accordingly, this Criminal Original Petition stands allowed and
as a sequel, the proceedings in Spl.S.C.No. 99 of 2019 on the file of the
learned Sessions Judge, Special Court for POCSO Act Cases, Tirunelveli
District is quashed and the terms of joint compromise memo shall form
part and parcel of this order. Consequently, connected miscellaneous
petition is closed.
12.08.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
lr
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Crl.O.P.(MD) No.14151 of 2022
To
1.The Inspector of Police,
Seethaparpanallur Police Station,
Tirunelveli.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai
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Crl.O.P.(MD) No.14151 of 2022
V.SIVAGNANAM, J.
lr
Crl.O.P.(MD) No.14151 of 2022
12.08.2022
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