Madras High Court
Siva vs The State Of Tamil Nadu on 13 February, 2025
Crl.O.P.(MD)No.2684 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.02.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.2684 of 2025
Siva .. Petitioner/Accused.
Vs.
1.The State of Tamil Nadu
rep.by the Inspector of Police,
Natham Police Station,
Dindigul District.
(Crime No.48/2024) ...Respondent/Complainant.
2.Amsavalli ...2nd Respondent/De-facto Complainant.
3.XXXXX
XXXXX
XXXXX
XXXXX
Dindigul District .. 3rd Respondent/Victim Girl.
Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call
for the records relating to the First Information Report in SPL SC.No.
08/2025 on the file of the Fast Track Mahila Court - Dindigul and quash
the same.
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2684 of 2025
For Petitioner : Mr.S.Arun
For R1 : Mr.M.Sakthi Kumar
Government Advocate(Crl.Side)
For RR2 & 3 : Mr.B.Vinoth Kumar
ORDER
This Criminal Original Petition has been filed to call for the records
relating to the First Information Report in SPL SC.No.08/2025 on the file
of the Fast Track Mahila Court - Dindigul and quash the same in so for as
the petition is concerned.
2. When the matter is taken up for hearing today, the victim girl, the
de-facto complainant and the petitioner are present along with their
respective counsels and they filed a Joint Compromise Memo stating that
the victim girl married the petitioner and they got a male child, therefore,
they entered into a Joint Compromise Memo. This Court also enquired the
victim girl as well as the de-facto complainant who is the mother of the
victim girl and they stated about the terms of the compromise and now the
victim girl and the petitioner are living as husband and wife. Therefore,
this Court is of the opinion that it is appropriate to accept the compromise
and to pass orders by quashing the SPL SC.No.08/2025 on the file of the
Fast Track Mahila Court - Dindigul.
https://www.mhc.tn.gov.in/judis
3. 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”.
4.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.
https://www.mhc.tn.gov.in/judis
5. 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 male 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 petitioner
in SPL SC.No.08/2025 on the file of the Fast Track Mahila Court -
Dindigul is hereby quashed. Accordingly, this Criminal Original Petition
stands allowed.
13.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
nst
To
1. The Fast Track Mahila Court - Dindigul.
2.The Inspector of Police
Natham Police Station,
Dindigul District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
P.DHANABAL,J.
nst
Dated: 13.02.2025
https://www.mhc.tn.gov.in/judis
