Madras High Court
Kaviprasath vs The State Of Tamil Nadu on 9 April, 2025
Crl.O.P.(MD)No. 6600 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :09.04.2025
CORAM :
THE HON'BLE MR.JUSTICE P. DHANABAL
Crl.O.P.(MD) No.6600 of 2025
1.Kaviprasath
2.Paulraj
3.Kanagalakshmi
4.Vallinayagam ... Petitioners
Vs.
1.The State of Tamil Nadu,
Rep. by the Inspector of Police,
All Woman Police Station,
Palani, Dindigul District.
Crime No.25 of 2024
2.Muthumari
3.xxxx ...Respondents
Prayer : Criminal Original Petition filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the
charge sheet in Spl.S.C.No.148 of 2024 on the file of the Fast Track Mahila
Court, Dindigul, and quash the same as illegal.
For Petitioner : Mr.N.Adithya Vijayalayan
For R1 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl. Side)
1/5
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Crl.O.P.(MD)No. 6600 of 2025
For R3 : Mr.T.Lenin Kumar
ORDER
This Criminal Original Petition has been filed to quash the charge
sheet in Spl.S.C.No.148 of 2024 before the Fast Track Mahila Court,
Dindigul.
2. When the matter is taken up for hearing today, the learned counsel
appearing on either side and victim also present. Both the victim and the
accused filed joint compromise memo stating that the first petitioner and the
victim/third respondent got married and they have a male child. The victim
now attained majority as her date of birth is 12.03.2007 and they are now
living together as husband and wife and the victim has no objection to
quash the charge sheet.
3.Today, both the parties present and this Court also enquired the
victim as well as the accused persons and both the victim and the first
petitioner stated that they are living as husband and wife along with the
child. Therefore, it is appropriate to allow the petition based on the
compromise arrived at between the parties.
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4. At this juncture, it is relevant to refer the judgement of the Hon'ble
Supreme Court in the case of K.Dhandapani Vs. The State by the
Inspector of Police reported in 2022 SCC Online SC 1056, has held as
follows:
“In the peculiar facts and circumstances of this case, we are of
the considered view that the conviction and sentence of the
appellant who is maternal uncle of the prosecutrix deserves to
be set aside in view of the subsequent events that have been
brought to the notice of this Court. This Court cannot shut its
eyes to the ground reality and disturb the happy family life of
the appellant and the prosecutrix. We have been informed
about the custom in Tamilnadu of the marriage of a girl with
the maternal uncle”.
5.The legal position expressed by the Hon'ble Apex Court in the case
of Gian Singh vs. State of Punjab and another reported in (2012) 10 SCC
303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in
(2017) 9 SCC 641 were taken into consideration.
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6. In view of the above said judgments and the fact that the first
petitioner and the victim are living together as husband and wife along with
their child after marriage and though charges are grave in nature,
considering the relationship between the parties and the amicable settlement
between themselves, this Court is of the view that the compromise is to be
accepted. Therefore in order to meet the ends of justice by invoking
inherent power of this Court, this Criminal Original Petition stands allowed
and the pending proceedings against the petitioners in Spl.S.C.No.148 of
2024 on the file of the Fast Track Mahila Court, Dindigul, is hereby
quashed.
09.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
Rmk
To
1.The Judge, Fast Track Mahila Court, Dindigul.
2.The Inspector of Police,
All Woman Police Station,
Palani, Dindigul District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P. DHANABAL, J.
Rmk
09.04.2025
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