Kumar & Ors. vs State & Ors.

This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No. 195 of 2025 pending on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Dharmapuri.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the victim girl and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 482 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the proceeding in Spl.S.C.No. 195 of 2025 pending trial on the file of the learned Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Dharmapuri.

In view of the above, the proceedings in Spl.S.C.No. 195 of 2025 on the file of the Sessions Judge, Special Court for exclusive trial of cases under POCSO Act, Dharmapuri, is hereby quashed as against the petitioner alone. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Joint Memo of Compromise shall form part and parcel of this Order.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.