Allowed

Natarajan v. The Inspector of Police

Madras HC25 Apr 2022CRL OP(MD)/7136/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court quashed the charge sheet in a POCSO case invoking Section 482 Cr.P.C. and Supreme Court guidelines allowing quashing upon compromise. The court directed the petitioner (first accused) to register marriage with the victim by May 23, 2022, and pay costs to the CMPRF.

What did the court decide?

Quashment of charge sheet in Spl C.C.No.29 of 2021; direction to register marriage; payment of Rs.5,000 to CMPRF.

Natarajan Vs The Inspector of Police — Child Sexual Offences (POCSO) | Madras HC (2022)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.04.2022

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7136 of 2022

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Natarajan

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Murugan 3. Madhavan 4. Essakkimuthu 5. Balaji

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...Petitioners/Accused Nos.1 to 5

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Vs. 1.The State rep. by The Inspector of Police, Ambasamudram Police Station Tirunelveli District ... 1st Respondent / Complainant 2. Ayyammal ... 2^nd Respondent / Defacto complainant 3. XXXX ... 3^rd Respondent/victim

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the charge sheet in Spl C.C.No.29 of 2021 on the file of the Special Court for the trial of POCSO Act Cases, Tirunelveli and quash the same.

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For Petitioners : Mr.T.Lenin Kumar For Respondent : Mr.K.Sanjai Gandhi No.1 Government Advocate(Crl.Side) For Respondent : Mr.D.Venkatesh No.2

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ORDER

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The Criminal Original Petition has been filed to quash the proceedings in Spl C.C.No.29 of 2021 on the file of the Special Court for the trial of POCSO Act Cases, Tirunelveli .

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2 .The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent https://hcservices.ecourts.gov.in/hcservices/

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and also by their respective counsel. The parties were present before this Court and they were identified by their respective counsels.

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Under such circumstances, no useful purpose will be served in keeping the Spl C.C.No.29 of 2021 on the file of the Special Court for the trial of POCSO Act Cases, Tirunelveli , even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in Spl C.C.No.29 of 2021.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl C.C.No.29 of 2021 on the file of the Special Court for the trial of POCSO Act Cases, Tirunelveli , is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172). Further the first petitioner is also directed to register the marriage with the victim girl on or before 23.05.2022 and produce the Marriage Registration Certificate and the receipt of payment of costs before the concerned court on or before 23.05.2022, failing which the order shall stand dismissed automatically without any further reference to this Court.

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Assistant Registrar(T & P)

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/ /2022 Sub Assistant Registrar(CS)

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Encl.: xerox copy of Joint Compromise memo. aav

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The Special Court for the trial of POCSO Act Cases, Tirunelveli

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The Inspector of Police, Ambasamudram Police Station Tirunelveli District

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The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

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https://hcservices.ecourts.gov.in/hcservices/

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Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009. +1 CC to M/s.T. LENIN KUMAR, Advocate ( SR-21347[F] dated 26/04/2022 )

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Crl.O.P.(MD) No.7136 of 2022 25.04.2022

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KG(CO) TR(27.04.2022) 3P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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Natarajan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Natarajan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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