Madras High Court
Prakash vs State Of Tamilnadu Rep. By on 28 February, 2025
CRL.OP(MD) NO.3113 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL
CRL. O.P(MD) No.3113 of 2025
1. Prakash
2. Nalliyappan
3. Panju
4. Alagappan
5. Panjawarnam ...Petitioners
Vs
1. State of Tamilnadu Rep. by
The Sub Inspector of Police,
Palamedu Police Station,
Madurai District.
(In Crime No. 55 of 2022).
2. Nalliyappan ...Respondents
PRAYER: Criminal Original Petition filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records
in connection with in Spl.S.C.No.236 of 2022 pending before the Special
Court for Exclusive Trial of Cases under the POCSO Act, Madurai against
the petitioners and quash the same.
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CRL.OP(MD) NO.3113 of 2025
For petitioners : Mr.S.Rengasamy
For Respondent 1 : Mr.M.Vaikkam Karunanithi
Government Advocate (Crl side)
For R2 : Mr.Sachin Ragul
ORDER
This Criminal Original Petition has been filed to quash the
charge sheet in Spl.S.C.No.236 of 2022 before the Special Court for
Exclusive Trial of Cases under the POCSO Act, Madurai.
2. When the matter is taken up for hearing today, the learned
counsel appearing on either side would submit that both the victim and the
accused persons filed joint compromise memo stating that the first
petitioner and the victim got married. The victim is now attained majority
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 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.
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CRL.OP(MD) NO.3113 of 2025
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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CRL.OP(MD) NO.3113 of 2025
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 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 accused persons in Spl.S.C.No.236 of 2022 on the file of the
Special Court for Exclusive Trial of Cases under the POCSO Act,
Madurai is hereby quashed.
28.02.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
PNM
To
1. The Sub Inspector of Police,
Palamedu Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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CRL.OP(MD) NO.3113 of 2025
P.DHANABAL,J
PNM
28.02.2025
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