IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.25617 of 2021

S.Sindhanai Selvan

...Petitioner/Accused

Versus

1.State rep by

The Inspector of Police,

All Women Police Station,

Sethiyathope,

Cuddalore District.

(Crime No.11/2021)

2.Premalatha

... Respondents/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to call for the records relating

to the SPL.SC. No.55/2021 on the file of the Special Court for

Exclusive Trial of POSCO Act cases at Cuddalore and quash the

same.

For Petitioners : Mr.I.Abrar Mohammed Abdullah

For Respondent

: Mr.E.Raj Thilak

Additional Public Prosecutor

for R1

Mr.C.Gunasekaran for R2

O R D E R

The Criminal Original Petition has been filed to call for

the records relating to SPL.SC. No.55/2021 on the file of the

Special Court for Exclusive Trial of POSCO Act cases at

Cuddalore and quash the same.

2. The case of the prosecution case is that the 2^nd

respondent aged about 15 years, completed 10^th standard in the

Government Higher Secondary School in her native. Her parents

are daily laborers. On 15.06.2021, at about 6.30 pm, the 2^nd

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respondent while returning from Mathiazhagan Provisional Store,

the petitioner held the 2^nd respondent's hand and misbehaved with

her. Therefore, she had lodged a complaint before the 1^st

respondent against the petitioner for the offence under Sections

341 of IPC, Section 7 & 8 of POSCO Act.

3. The learned Additional Public Prosecutor submitted

that on the complaint of the petitioner/victim's mother, a case

in Crime No.11 of 2021 was registered on 16.06.2021. After

investigation, charge sheet was filed on 15.07.2021, listing

witnesses L.W.1 to L.W.20. The case was taken on file on

11.08.2021 in Special S.C. No.55 of 2021 by the Special Court

for Exclusive Trial of POSCO Act cases at Cuddalore. He further

submitted that the petitioner and the victim are relatives and

they hail from the same village. There was some mis-

understanding and now they resolved it and to verify the same,

they were directed to appear before the respondent police. On

their appearance, the respondent police confirmed their

relationship and also confirmed that the dispute was resolved

between them by entering into a compromise.

4. The case is pending Trial now. By passage of time, the

parties have decided to compromise the dispute amicably among

themselves.

5. The Joint Memo of Compromise dated 01.11.2021 has

been filed by the mother of 2^nd respondent/de-facto complainant

before this Court. The 2^nd respondent and petitioner present

through Video conferencing. In the affidavit, it has been

stated that the petitioner and the second respondent have

entered into a compromise and amicably settled their issues in

SPL.SC. No.55/2021 on the file of the Special Court for

Exclusive Trial of POSCO Act cases at Cuddalore. This Court

also enquired both the parties and was satisfied that the

parties have come to an amicable settlement between themselves.

6. This Court in the case of “Sabari Vs. Inspector of

Police reported in 2019(2) MLJ Crl.110”, had observed that

during the adolescent age, boys and girls got involved in a

relationship, such relationship would be the result of mutual

innocence and biological attraction, which cannot be construed

as an unnatural one or alien to between relationship of opposite

sexes.

7.In a similar situation, in the case of “Kumar @ Tennish

Vs. The Inspector of Police, Latheri Police Station, Katpadi

Taluk, Vellore and another in Crl.O.P.No.16648 of 2018”, this

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Court had quashed the proceedings on the compromise arrived