The Special Court for POCSO proceedings were quashed after the petitioner and the victim, who are married with a child and living together, filed a joint compromise memo. The court held no purpose would be served keeping the proceedings alive.
The impugned proceedings in Spl.S.C.No.3 of 2020 before the Special Court for POCSO, Thoothukudi are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.17793 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17793 of 2021
Kasi ... Petitioner / Accused vs.
1.State rep. by The Sub Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District. (Crime No.65/2018) ... 1st Respondent/Complainant 2.xxxx ... 2nd Respondent/defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned charge sheet in Spl.S.C.No.3 of 2020 on the file of the Special Court for POCSO, Thoothukudi and quash the same.
For Petitioners : Mr.S.Vishnuvardhan For R1 : Mr.M.Sakthikumar Government Advocate For R2 : Mr.V.Shathurthi Raja
O R D E R
This Criminal Original Petition has been filed for quashing the proceedings in Spl.S.C.No.3 of 2020 on the file of the Special Court for POCSO, Thoothukudi.
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Crl.O.P.(MD)No.17793 of 2021
The parties have also filed a joint compromise memo dated 17.11.2021. The impugned proceedings are quashed.
Assistant Registrar(Records)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
rmi
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Special Court for POCSO, Thoothukudi
2.The Sub Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.17793 of 2021 19.11.2021
KMV(CO)
TR(10.12.2021) 2P 4C
2/2
2 issues framed by the court
Whether criminal proceedings under the POCSO Act should be quashed in light of a compromise between the petitioner and the victim.
Whether the presence of a joint compromise memo warrants quashing of the charge sheet.
1 provisions across 1 enactments
Kasi
State rep. by The Sub Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District
xxxx
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
