Madras High Court
Nagarjun vs The Inspector Of Police on 30 April, 2025
Crl.O.P.(MD)No.8034 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.8034 of 2025
and
Crl.M.P(MD) Nos.6069 and 6072 of 2025
1. Nagarjun
2. Palaniyappan
3. Selvarani
4. Sekar
5. Kattammal
6. Rengasamy
7. Saranya .. Petitioners
Vs.
1. The Inspector of Police
All Women Police Station
Palani, Dindigul District
2. Muthammal
Extension Officer
Social Welfare Department
Palani Panchayat Union
Dindigul District
3. Divya Bharathi .. Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records pertaining to the charge sheet in Special S.C.No.22
of 2025 on the file of the Fast Track Mahila Court, Dindigul and quash the
same in so far as the petitioner is concerned.
1/6
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Crl.O.P.(MD)No.8034 of 2025
For Petitioner : Mr.T.Lenin Kumar
For Respondents : Mr.M.Sakthi Kumar
No.1 Government Advocate(Crl.Side)
No.3 : Mr.D.Venkatesh
ORDER
This Criminal Original Petition has been filed to quash the charge
sheet in Special S.C.No.22 of 2025 on the file of the Fast Track Mahila
Court, Dindigul
2. When the matter is taken up for hearing today, the learned
counsels 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 third respondent/ victim got married and now the victim
is nine month pregnant. The victim and the first petitioner 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 first petitioner and both stated that they are living as
husband and wife and she is now nine month pregnant. Therefore it is
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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
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/third respondent are living together as husband
and wife after marriage and now she is nine month pregnant 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 inorder 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 Special S.C.No.22 of 2025 on the file of the Fast Track
Mahila Court, Dindigul is hereby quashed. Consequently connected
miscellaneous petitions stand closed.
30.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
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To
1. The Fast Track Mahila Court, Dindigul
2. The Inspector of Police
All Women Police Station
Palani, Dindigul District
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL,J.
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30.04.2025
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