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HIGH COURT OF MADRAS
N. ANAND VENKATESH, J
SIVAKUMAR – Appellant
Versus
STATE REP BY – Respondent
Quash - Criminal Original Petition - POCSO Act Sections - The court examined the facts of a case under the POCSO Act, emphasizing the importance of amicable settlements even in non-compoundable offenses, ultimately deciding to quash the proceedings based on a compromise between the parties.
Fact of the Case:
The petitioner sought to quash proceedings under POCSO Act where the victim, stating her age and marriage to the petitioner, expressed desire for case closure due to their amicable resolution.
Issues: Whether the court could quash proceedings under the POCSO Act in light of parties reaching an amicable settlement, despite the offenses being non-compoundable.
Ratio Decidendi: The court relied on previous Supreme Court guidelines allowing for quashing of proceedings in cases where the parties have amicably settled their issues, despite statutory barriers against compounding.
Final Decision: The court quashed the proceedings in Spl.SC.No.169 of 2022 based on the compromise.
ORDER
This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.169 of 2022, on the file of the Special Court for Exclusive Trial case under POCSO Act, Coimbatore.
2. 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.
3.The victim girl was present before this Court. She stated that her date of birth is 17.10.2005. She further stated that she had married the petitioner and through the marriage, there is a child named Sivaranjini, aged about 2 years. The child was also present at the time of hearing. She stated she is happily living with the petitioner and she requested this Court to close the criminal case.
4. A Joint Compromise Memo dated 16.2.2204 signed by both petitioner and second respondent/victim and their respective counsel has been filed before this Court. An affidavit has also been filed by the second respondent/victim before this Court. The petitioner and second respondent/victim girl were also present in person before this Court. In the affidavit, it has been stated that the petitioner and the second respondent/victim girl have entered into a compromise and amicably settled their issues in Spl.SC.No.169 of 2022, on the file of the Special Court for Exclusive Trial case under POCSO Act, Coimbatore.
5. 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. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in Spl.SC.No.169 of 2022, on the file of the Special Court for Exclusive Trial case under POCSO Act, Coimbatore.
6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.SC.No.169 of 2022, on the file of the Special Court for Exclusive Trial case under POCSO Act, Coimbatore, is quashed and the terms of Joint compromise memo and affidavit shall form part and parcel of this order.
27.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To
1.The Inspector of Police AWPS – Perur Police Station Coimbatore.
2. Special Court for Exclusive Trial case under POCSO Act, Coimbatore.
3. The Public Prosecutor, High Court of Madras, Madras.
N . ANAND VENKATESH, . J.
kp Crl.O.P No.4032 of 2024
27.02.2024
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