Madras High Court
Chellamuthu vs The State Rep. By on 6 September, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
CRL OP(MD). No.4818 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.4818 of 2023
and
Crl.M.P.(MD)No.4230 of 2023
Chellamuthu ... Petitioner
Vs.
1. The State rep. by
The Inspector of Police
Dindigul Town South Police Station,
Dindigul District.
(In Crime No.487/2021).
2. Vellaiyammal ... Respondents
PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for
the records pursuant to the proceedings in Spl.S.C.No.87 of 2021 on the
file of the Fast Track Mahila Court, Dindigul and quash the same.
For Petitioner : Mr.P.Manikandan
For Respondents : Mrs.M.Aasha
Government Advocate (Crl.Side) for R1
: Mr.G.Sailendrababu for R2
1/5
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.4818 of 2023
ORDER
This Petition is filed to quash the proceedings in Spl.S.C.No.87 of
2021 on the file of the Fast Track Mahila Court, Dindigul.
2. The learned counsel for the petitioner seeks to quash the case on
compromise.
3. The defacto complainant filed an affidavit 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 have since married.
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
https://www.mhc.tn.gov.in/judis
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
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, albeit before the statutory age of 18
years. The date of birth of the victim child is 10.06.2002 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.
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7. In view thereof, this Criminal Original Petition shall stand
allowed and the proceedings in Spl.S.C.No.87 of 2021 on the file of the
Fast Track Mahila Court, Dindigul, shall stand quashed. The affidavit
filed by the defacto complainant 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 Fast Track Mahila Court,
Dindigul.
2. The Inspector of Police
Dindigul Town Police Station,
Dindigul 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) .4818 of 2023
Date : 06.09.2024
https://www.mhc.tn.gov.in/judis
