Madras High Court
Karuppusamy vs The State Rep By on 13 October, 2025
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
CRL OP No. 27820 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
CRL OP No. 27820 of 2025 & Crl.M.P.No.18894 of 2025
1. KARUPPUSAMY
S/o.Ravi, East Street, Muthualamman
Koil Street, Periya Kannady,
Kurunjipadi, Panruti (TK), Cuddalore
District.
Petitioner(s)
Vs
1. The State Rep by, The Station House
Officer,
Bahour Circle, Puducherry.
Cr.No.94/2019.
2.Malarkodi
W/o.Devanathan, No.48, West Krishna
Nagar, Bahour, Puducherry.
Respondent(s)
PRAYER : Criminal Original Petition filed under section 528 of BNSS to call
for the records in Spl.SC.No.33/2023 on the file of the Learned Sessions Judge,
Fast Track Court Exclusively to deal with offences under the POCSO Act,
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CRL OP No. 27820 of 2025
Puducherry and quash the Entire Criminal proceedings in so far as it related to
the petitioners concerned .
For Petitioner(s): Mr.K.Jothisivam
For Respondent(s): Mr.K.S.Mohandass,
Public Prosecutor, Pondicherry
Assistated by Ms.N.Danalatchoumy – R1
ORDER
This Criminal Original Petition has been filed to quash the case in
Spl.SC.No.33/2023 on the file of the Learned Sessions Judge, Fast Track Court
Exclusively to deal with offences under the POCSO Act, Puducherry registered
for the offences under section 5[1] read with 6 of Protection of Children from
Sexual Offences Act, 2012 and sections 363 and 376 of IPC.
2. The case of the prosecution is that the petitioner had kidnapped the
victim girl and kidnapped her from the lawful custody of her parents to the
residence of one Pawankumar and committed rape on her. The petitioner seeks
to quash the final report on the ground of compromise arrived between the
petitioner and the defacto complainant.
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3. The petitioner and the defacto complainant are present before this
Court. According to them they were in love affair and as the dispute arose, the
First Information came to be filed. It is their further contention that they are
now married and living happy married life. Hence, seeks to quash the final
report filed against the petitioner on basis of the Joint Compromise Memo filed
by the petitioner and the defacto complainant.
4. Though this Court entertains these type of petitions only when the
victim girl is above 17 years, in this case, the victim is only 16 years. Hence,
this Court is not inclined to quash the final report. Let the victim appear before
the trial Court and depose with regard to her marriage with the petitioner and
the same will be considered by the trial Court.
5. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petition is closed. Taking note of the
marriage between the petitioner and the victim girl, the personal appearance of
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the petitioner is dispensed with before the trial Court, except for receipt of
copies, answering the charges, questioning under section 313 Cr.P.C./351 BNSS
and on the date of pronouncing judgment and on any other dates as fixed by the
trial Court.
13-10-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
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To
1. The Sessions Judge,
Fast Track Court Exclusively to deal
with offences under the POCSO Act,
Puducherry.
2. The Station House Officer,
Bahour Circle, Puducherry.
Cr.No.94/2019.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 01:47:43 pm )
N.SATHISH KUMAR J.
vrc
13-10-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/10/2025 01:47:43 pm )
