Allowed

J.Ragul v. the State Rep.by

Madras HC22 Aug 2023CRL OP/18792/2023

Case brief

AI extract

What is this about?

High Court of Madras quashed Spl.S.C.No.34/2022 POCSO proceedings under Section 482 CrPC due to a joint compromise memo between the petitioner and victim. The Court noted instances of marriage arrangement intent and dismissed the case despite non-compoundability, relying on Supreme Court guidelines.

What did the court decide?

Quashed proceedings in Spl.S.C.No.34/2022 for POCSO offences; terms of joint compromise memo and affidavit form part of the order; connected miscellaneous petition closed.

J.Ragul Vs the State Rep.by — Child Sexual Offences (POCSO) | Madras HC (2023)

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Crl.O.P No.18792 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.08.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.18792 of 2023 and Crl.M.P.No.12567 of 2023

J.Ragul S/o.Joseph

... Petitioner

vs.

1.The State represented by The Inspector of Police, W-16, AWPS, Pulianthope, Chennai - 12.

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2.Devi W/o.Baskar

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3.B.Manju Sri D/o.Baskar ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the proceedings in Spl.S.C.No.34/2022 pending on the file of Sessions Judge, Magalir Neethimandram, Allikulam, Chennai, for offences u/s.5(1), j(ii), (n) r/w 6 of POCSO Act, 2012.

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For Petitioner : Mr.G.R.Hari For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1]

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O R D E R

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This Criminal Original Petition has been filed seeking to quash the

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proceedings in Spl.S.C.No.34 of 2022 pending on the file of Sessions Judge, Magalir Neethimandram, Allikulam, Chennai.

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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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A Joint Compromise Memo dated 02.12.2022 signed by the petitioner, de facto complainant and the victim has been filed before this Court. A compromise affidavit has been filed by the second respondent/de-facto complainant before this Court. The petitioner and second respondent were also present in person before this Court and they were identified by Ms.D.Sumathi, Woman Special Sub-Inspector of Police, All Women Police Station, Pulianthope, Chennai [98402 08987]. In the affidavit, it has been stated that the petitioner and the second

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

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Crl.O.P No.18792 of 2023

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respondent have entered into a compromise and amicably settled their issues in Spl.S.C.No.34 of 2022 pending on the file of Sessions Judge, Magalir Neethimandram, Allikulam, Chennai.

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This Court also enquired both the parties. The victim girl was present before this Court and she stated that her date of birth is 05.03.2004 and the petitioner is none other than her mother's brother's son and that all arrangements are being made to get her married to the petitioner. The second respondent/mother of the victim girl has also stated that she is no longer interested in prosecuting the case and that arrangements are being made to get her married to the petitioner.

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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

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Crl.O.P No.18792 of 2023

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v. 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.34 of 2022 pending on the file of Sessions Judge, Magalir Neethimandram, Allikulam, Chennai.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.34 of 2022 pending on the file of Sessions Judge, Magalir Neethimandram, Allikulam, Chennai, is quashed and the terms of Joint Compromise Memo dated 02.12.2022 and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

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22.08.2023

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Index : Yes/No Speaking Order/Non-Speaking Order Neutral citation : Yes/No gm

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