Allowed

K.Karthick Kumar v. Inspector of Police

Madras HC16 Aug 2023CRL OP/17346/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras allowed a Criminal Original Petition seeking quashing of criminal proceedings under Sections 366, 343, 376 IPC and POCSO Act. Citing guidelines from Supreme Court precedents, the court held that keeping the case pending served no useful purpose after the parties, including parents and the child, had reached an amicable settlement.

What did the court decide?

Quashing of proceedings in Spl.S.C.No.88 of 2023 on the file of Mahila Court, Allikulam, Chennai-600 003.

K.Karthick Kumar Vs Inspector of Police — Child Custody and Guardianship | Madras HC (2023)

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Crl.O.P.No.17346 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.08.2023

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.17346 of 2023

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and

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Crl.M.P.No.11249 of 2023

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K.Karthick Kumar S/o.Karuna

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.. Petitioner

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Vs.

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State represented by The Inspector of Police, W-9 All Women Police Station, Villivakkam, Chennai - 600 049. [Crime No.3 of 2021] ..Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to the proceedings in Spl.S.C.No.88 of 2023 punishable under Sections 366, 343, 376(3) of IPC and Section 5(j)(ii) r/w Section 6 of POCSO Act, 2012 on the file of the Mahila Court, Allikulam, Chennai-600 003 and quash the proceedings against the petitioner.

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For Petitioner : Mr.K.A.Mariappan For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

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O R D E R

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17346 of 2023

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This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.88 of 2023 on the file of Mahila Court, Allikulam, Chennai-600 003.

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

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Affidavits have been filed by the victim girl, victim girl's mother, petitioner and his mother before this Court. In the affidavits, it has been stated that the parties have entered into a compromise and amicably settled their issues in Spl.S.C.No.88 of 2023 on the file of Mahila Court, Allikulam, Chennai-600 003.

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The victim girl was present before this Court and she stated that her family has accepted the relationship with the petitioner and she is living with the petitioner and she has also given birth to a girl child named Mahira, aged about 1½ years.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17346 of 2023

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The mother of the victim girl, viz ., Chandra was also present before this Court and she stated that her daughter is happily living with the petitioner. She also requested this Court to close the proceedings.

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The petitioner was present along his mother Punitha and they have

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also brought the child that was born to the petitioner and the victim girl.

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This Court was satisfied that the parties have come to an amicable settlement between themselves.

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Under such circumstances, no useful purpose will be served in keeping the case pending, 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17346 of 2023

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Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10 , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in Spl.S.C.No.88 of 2023 on the file of Mahila Court, Allikulam, Chennai-600 003.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.88 of 2023 on the file of Mahila Court, Allikulam, Chennai-600 003, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

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16.08.2023

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Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No gm

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1.The Mahila Court, Allikulam, Chennai-600 003.

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https://www.mhc.tn.gov.in/judis

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