Madras High Court
Venuprasath vs The State Of Tamilnadu on 24 April, 2025
Crl.O.P(MD)No.6746 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD)No.6746 of 2025
Venuprasath
... Petitioner
Vs
1. The State of Tamilnadu,
Rep by the Inspector of Police,
All Women Police Station,
Tenkasi District.
Crime No.19/2022.
2. Xxxxx
... Respondents
PRAYER: Criminal Original petition has been filed under Section 528
of BNSS to call for the records pertaining to the impugned Charge Sheet
in Spl SC No.181 of 2025 on the file of the Principal District Court,
Tenkasi and to Quash the same as illegal.
For Petitioner : Mr. T.Chandrasekaran
For Respondents : Mr.M.Vaikkam Karunanithi(R1)
Government Advocate (Crl.Side)
Ms.M. Rathi Yamuna (R2)
1/5
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Crl.O.P(MD)No.6746 of 2025
ORDER
This Criminal Original Petition has been filed to quash the
charge sheet in Spl.S.C.No.181 of 2025 before the Principal District
Court, Tenkasi for the offence under Sections 6, 5(l), 5(j)(ii) of POCSO
Act.
2. When the matter is taken up for hearing today, the
learned counsel appearing on either side would submit that both the
victim/2nd respondent and the petitioner have filed a joint compromise
memo stating that the petitioner and the victim got married 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 petitioner and both have stated that they are
living as husband and wife. Therefore it is appropriate to allow the
petition based on the compromise arrived at between the parties.
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
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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.
6. In view of the above said judgments and the fact that the
petitioner and the victim are living together as husband and wife and
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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.181 of 2025 on the file of the
Principal District Court, Tenkasi is hereby quashed, insofar as the
petitioner is concerned.
24.04.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
PNM
To
1. The Principal District Judge, Tenkasi
2.The Inspector of Police,
All Women Police Station,
Tenkasi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P. DHANABAL, J.
PNM
ORDER IN
24.04.2025
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