Madras High Court
Karthick vs The State Of Tamil Nadu on 18 March, 2025
Crl.O.P.(MD)No.2783 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.2783 of 2025
1. Karthick
2. Susila ... Petitioners
Vs
1. The State of Tamil Nadu,
Rep. by the Inspector of Police,
All Women Police Station-Town,
Tirunelveli District.
2. A. Geetha,
The Social Welfare Extension Officer,
Palayamkottai,
Tirunelveli District.
3. Lakshmisubhu ... Respondents
(*R3 Impleaded as per order
of this Court in Crl.M.P(MD)No.2940 of 2025,
dated 05/03/2025).
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records in Spl.C.C.No 340 of 2023 on the file of the Honble
Special Court for POCSO Cases, Tirunelveli and quash the same.
1/5
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Crl.O.P.(MD)No.2783 of 2025
For Petitioners : Mrs.Swathi.P,
For R1 : Mr.M.Vaikkam Karunanithi
Government Advocate(Crl.Side)
For R3 : Mr.A.B.Jeeva
ORDER
This Criminal Original Petition has been filed to quash the charge
sheet in Spl.C.C.No.340 of 2023 before the Special Court for POSCO Act
Cases, Tirunelveli.
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 first
petitioner and the victim got married and they have a female child. The
victim is aged about 19 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.
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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 first
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
petitioners in Spl.C.C.No.340 of 2023 on the file of the Special Court for
POSCO Act Cases, Tirunelveli is hereby quashed.
18.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
LR
To
1. The Special Court for POCSO Act Cases,
Tirunelveli.
2. The State of Tamil Nadu,
Rep. by the Inspector of Police,
All Women Police Station-Town,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.DHANABAL,J.
LR
18.03.2025
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