Madras High Court
Ayankumar vs The Inspector Of Police on 6 September, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
CRL OP(MD). No.4624 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 06.09.2024
CORAM
The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
CRL OP(MD). No.4624 of 2023
and
Crl.M.P.(MD)No.4043 of 2023
1. Ayankumar
2. Ayyanu
3. Murukaththal @ Murukathal
4. Annathai @ Annalakshmi
5. Pandaram
6. Velthai @ Velduraichi
7. Muthulakshmi
8. Mahesh
9. Seyathu Abdul Kathar @ Syed Abdul Kader,
10. Kalvath Bivee @ Kavath Beevi
11. Sikkanthar Abbash @ Sikkanthar
12. Alima ... Petitioners
Vs.
1. The Inspector of Police
Puliangudi Police Station,
Tenkasi District.
(In Crime No.352/2022).
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4624 of 2023
2. Muthathal
Village Welfare Officer,
Vasudevanallur
Panchayat Union,
Tenkasi District.
3. Xxxxx
D/o. Xxx, Xxxx, Xxxx. ... Respondents
PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for
the records pertaining to the impugned FIR in Crime No.352 of 2022
dated 17.08.2022 on the file of the first respondent and to quash the same
as illegal.
For Petitioners : Mr.S.Sabbani Karbura Jothi
For Respondents : Mrs.M.Aasha
Government Advocate (Crl.Side) for R1
: Mr.A.Arputharaj for R2
ORDER
This Petition is filed to quash the F.I.R in Crime No.352 of 2022
pending on the file of the first respondent.
2. The learned counsel for the petitioners seeks to quash the cases
on compromise.
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3. A joint compromise memo is filed and the parties are also
present before this Court. The defacto complainant submits that she does
not want to press the case and says that the further proceedings can be
dropped. It is stated by the learned counsel for the parties that the
defacto complainant and the petitioner has since married, they also got a
female child, which was born on 02.01.2023
4. This is a case under the POCSO Act. For the offences, which are
serious in nature, the Court cannot go as per the version of the defacto
complainant alone. By virtue of the judgment of the Honourable Supreme
Court of India in Gian Singh vs State of Punjab & Another reported in
2012(10) SCC-303, the court has to see the overall facts and
circumstances of the case before exercising the power under Section 482
of the Code of Criminal Procedure.
5. I have gone through the materials on record. On a perusal of the
materials on record, the case is solely based on the statement of the
victim child. Therefore, when the victim child wants to drop all further
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proceedings, there is nil chances of securing a conviction. Even going
through these statement of the victim child and the statement of the other
persons, the gravamen of the allegations point out that development of an
affair and performing of marriage, albeir before the statutory age of 18
years. The date of birth of the victim child is 05.10.2004 and at the time
of occurrence, she was 17 years of age.
6. Considering the overall facts and circumstances of the case,
treating this as an extraordinary case, I am of the view that this is a fit
case for exercise of powers under Section 482 of the Code of Criminal
Procedure.
7. When the matter came up for hearing, the learned Government
Advocate (Criminal Side) would point out that now the charge sheet has
been filed and the same is taken on file as Special C.C.170 of 2023 on
the file of the Special Court for Trial of POCSO Act Cases, Tirunelveli.
8. In view thereof, this Criminal Original Petition shall stand
allowed and the case in Special C.C.170 of 2023 on the file of the
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Special Court for Trial of POCSO Act Cases, Tirunelveli, in connection
with in Crime No.352 of 2022, shall stand quashed. The joint
compromise memo shall form part and parcel of the order. Consequently,
connected Miscellaneous Petition is closed.
06.09.2024
Internet : Yes
Index : Yes/ No
NCC : Yes/No
LS
TO
1. The Special Court for Trial of POCSO Act Cases,
Tirunelveli.
2.The Inspector of Police
Puliangudi Police Station,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY,J
LS
ORDER
IN
CRL OP(MD) .4624 of 2023
Date : 06.09.2024
https://www.mhc.tn.gov.in/judis
