Madras High Court
Ilayaraja vs The State Of Tamilnadu on 28 April, 2025
CRL.OP(MD) NO.7763 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL.O.P(MD) No.7763 of 2025
and
Crl.M.P.(MD).Nos.5806 & 5808 of 2025
Ilayaraja ... Petitioner
.vs.
1. The State of TamilNadu,
Rep. by the Inspector of Police,
Thirupparankundram Police Station,
Madurai District.
(Crime No.608 of 2022)
2. K.Venkatesh ... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records
pertaining to the impugned charge sheet in Spl.S.C.No.97 of 2023 on the
the file of the Special Court for Exclusive Trial of case under POCSO Act,
Madurai under sections 366 and 344 of IPC and Sections 7 and 8 of the
POCSO Act.
For Petitioner : Mr.K.Dinesh
For R1 : Mr. M.Vaikkam Karunanithi
Government Advocate (Crl. Side)
For R2 : Mr.P.Muthu Mangaleswaran
Page No. 1 of 6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
CRL.OP(MD) NO.7763 of 2025
ORDER
This Criminal Original Petition has been filed to quash the charge
sheet in Spl.S.C.No.97 of 2023 before the Special Court for Exclusive
Trial of Cases under POSCO Act, Madurai
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 petitioner
and the victim got married and they have a child. The victim is aged about
20 years 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 and both 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.
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
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
CRL.OP(MD) NO.7763 of 2025
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 along
with their child after marriage and though charges are grave in nature,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
CRL.OP(MD) NO.7763 of 2025
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 petitioner
in Spl.S.C.No.97 of 2023 on the file of the Special Court for Exclusive
Trial of Cases under POSCO Act, Madurai is hereby quashed.
Consequently connected miscellaneous petitions stand closed.
28.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
Mac
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
CRL.OP(MD) NO.7763 of 2025
To
1. The Special Court for Exclusive Trial of case under
POCSO Act, Madurai.
2. The Inspector of Police,
Thirupparankundram Police Station,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
CRL.OP(MD) NO.7763 of 2025
P.DHANABAL, J.
Mac
and
Crl.M.P.(MD).Nos.5806 & 5808 of 2025
28.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 07:58:16 pm )
