Madras High Court
Vijay vs The State Of Tamil Nadu on 3 March, 2025
Crl.O.P.(MD)No.358 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.358 of 2025
and
Crl.M.P(MD) Nos.222 and 223 of 2025
Vijay
... Petitioner
Vs
1. The State of Tamil Nadu,
Rep by the Inspector of Police,
All Women Police Station, Nilakottai,
Dindigul District Crime No. 8/2024.
2. Sathya
... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records bearing Spl S.C No. 81 of 2024 on the file of the
Special Court for POCSO Act Cases, Dindigul and quash the same as
against the petitioner.
For Petitioner : Mr.M.Jagadeesh Pandian
For Respondents : Mr.M.Sakthi Kumar
No.1 Government Advocate(Crl.Side)
No.2 : Mr.P.Varun Prakash
1/5
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Crl.O.P.(MD)No.358 of 2025
ORDER
This Criminal Original Petition has been filed to quash the
charge sheet in Spl.S.C.No.81 of 2024 before the Special Court for
POSCO Act Cases, Dindigul.
2. When the matter is taken up for hearing today, the learned
counsel appearing on either side and victim also present. Both the 2nd
respondent, mother of victim and the accused filed joint compromise
memo stating that the petitioner and the victim got married and they have
a child. The victim attains 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 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.
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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
petitioner and the victim are living together as husband and wife along
with their 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.S.C.No.81 of 2024 on the file of the Special Court for POSCO Act
Cases, Dindigul is hereby quashed. Consequently connected miscellaneous
petitions stand closed.
03.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
PNM
To
1. The Special Court for POSCO Act Cases, Dindigul
2. The Inspector of Police,
All Women Police Station, Nilakottai,
Dindigul District Crime No. 8/2024.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL,J.
PNM
and Crl.M.P(MD) Nos.222 and 223 of 2025
03.03.2025
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