Crl.O.P.No.10001 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10001 of 2025 Murshid ... Petitioner Versus 1.State Rep. by, The Inspector of Police, AWPS – Devala, The Nilgiris. (Crime No.2 of 2020) 2.Saleem ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the case in Spl.C.C.No.30 of 2021 on the file of the learned Sessions Judge, Mahila Neethimandram, (Fast Track Mahila Court), Udhagamandalam and quash the same. For Petitioner : Mr. J. Franklin For Respondents : Mr. R. Vinothraja, (for R1) Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.10001 of 2025 O R D E R This Criminal Original Petition has been filed to quash the proceedings in Spl.C.C.No.30 of 2021, pending on the file of the learned Sessions Judge, Mahila Neethimandram, (Fast Track Mahila Court), Udhagamandalam, for the offences under Sections 5(1), 5(j)(ii), 5(n) and 6 of the Protection of Children from Sexual Offences Act, (POCSO), 2012. 2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3. An affidavit of the victim girl, dated 04.04.2025 has been filed before this Court, stating that she has now married the petitioner and is living with him in a very happiest manner. The said Affidavit, signed by victim girl, is taken on record. 4. Heard both sides and perused the materials on record, including the Affidavit of the victim girl. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10001 of 2025 5. Upon perusal of the affidavit of the victim girl shows that now the victim girl attains majority and she married the petitioner. Their marriage also got registered before the concerned authority. Now, both are living happily, and therefore, the petitioner need not undergo the ordeal of trial. 6. Under such circumstances, no useful purpose will be served in keeping the proceeding 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-(Parbatbhai Aahir @ Parbatbhai v. State of Gujarat), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the proceedings in Spl.C.C.No.30 of 2021, pending on the file of the learned Sessions Judge, Mahila Neethimandram, (Fast Track Mahila Court), Udhagamandalam. 7. In view of the above, the proceedings in Spl.C.C.No.30 of 2021, pending on the file of the learned Sessions Judge, Mahila Neethimandram, (Fast Track Mahila Court), Udhagamandalam, is hereby quashed as against the petitioner. The Affidavit of the Victim, dated https://www.mhc.tn.gov.in/judis Crl.O.P.No.10001 of 2025 04.04.2025, signed by the victim produced before this Court shall form part and parcel of this Order. 8. Accordingly, the Criminal Original Petition stands allowed. 04.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order klt https://www.mhc.tn.gov.in/judis Crl.O.P.No.10001 of 2025 To 1.The learned Sessions Judge, Mahila Neethimandram, (Fast Track Mahila Court), Udhagamandalam, 2.The Inspector of Police, AWPS – Devala, The Nilgiris. (Crime No.2 of 2020). 3.The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10001 of 2025 G.K.ILANTHIRAIYAN, J. klt Crl.O.P.No.10001 of 2025 04.04.2025 https://www.mhc.tn.gov.in/judis