JUDGMENT : (Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the First Information Report in Crime No.65 of 2023 pending investigation on the file of the 1st respondent police, quash the same as far as the petitioner is concerned.) 1. The Criminal Original Petition has been filed to quash the FIR in Crime No.65 of 2023 in so far as the petitioner is concerned, pending investigation on the file of the 1st respondent. 2. When the matter came up for hearing on 01.02.2024, this Court passed the following order: “Mr. A. Damodaran, learned Additional Public Prosecutor, takes notice for first respondent. 2. On carefully going through the allegations made in the First Information Report and also the Section 164 Cr.P.C. statement that has been recorded from the victim girl, it is seen that two completely unrelated incidents have been brought together and two unrelated persons have been made as accused persons. The main allegation has been made against A1, who is said to have developed relationship with the victim girl and the victim girl became pregnant and she has also delivered a girl child. The victim girl is hardly aged about 12 years. While giving this complaint, the mother of the victim girl has also spoken about the petitioner, who is the son of the owner of the property where the victim girl was residing. It is stated that the petitioner used to beat the children and touch in an inappropriate” manner. It is quite curious as to how that incident came to be clubbed along with the main issue that is involved in this case. 3. There shall be a direction to the first respondent to proceed further with the investigation and filing of the final report will await further orders of this Court. Post this case under the caption 'for orders' on 14.03.2024 at 02.15 p.m.” 3. When the matter was taken up for hearing today, the 2nd respondent who is the mother of the victim girl was present in person before this Court. She was only acquainted with Hindi language and hence, this Court utilized the services of an Advocate to question the defacto complainant and to get her answers. When the matter was taken up for hearing today, the 2nd respondent who is the mother of the victim girl was present in person before this Court. She was only acquainted with Hindi language and hence, this Court utilized the services of an Advocate to question the defacto complainant and to get her answers. On being questioned as to whether she is withdrawing the case in so far as the petitioner (A2) is concerned, she stated that she does not want to prosecute the petitioner. The affidavit that was signed by her was also shown to her and she admitted that she only signed in the affidavit and that she knows the contents of the affidavit. The counsel who assisted this Court had put a specific question to the defacto complainant as to whether she wants to withdraw the case against the petitioner and defacto complainant categorically stated that she wants to withdraw the case pending against the petitioner alone. 4. The defacto complainant has also filed an affidavit before this Court and the relevant portions are extracted hereunder: “6. I submit that I also stated to the 1st respondent police that when my family was residing as a Tenant in the petitioner's house during the years between 2014 and 2019, the petitioner used to beat and touch my daughter Nisha. The 1st respondent police, on receipt of the statement obtained from me, registered a case in crime No.65/2023 on 24.07.2023 itself for the offences punishable under Sections 5(m), 5(l), 5(j) (ii), 6(l), 9(m) and 10 of the protection of children from sexual offences act against the said Harish and the petitioner herein. My daughter also stated before the Learned Judicial Magistrate that the petitioner used to beat and touch her. 7.I submit that I have not made the allegations stated in the first information report against the petitioner herein and I have no objection to allow the petition filed by the petitioner in Crl.O.P.No.1790 of 2024 since the petitioner had not done the said act with any criminal intent.” 5. It is also necessary to take note of 164 statement that was recorded from the victim girl with respect to the petitioner (A2) and relevant portion is extracted hereunder: 6. It is also necessary to take note of 164 statement that was recorded from the victim girl with respect to the petitioner (A2) and relevant portion is extracted hereunder: 6. In the light of the above development and also considering the materials placed before this Court, it is seen that the petitioner has been roped in this case as A2 only on the ground that he used to beat the children. In any event, the main case is completely a different incident as between the victim girl and A1 in which the petitioner has no role to play. Therefore, no useful purpose will be served in making the petitioner (A2) undergo trial. 7. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending as against the petitioner, 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 Suprme 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. quashes the First Information Report in Crime No.65 of 202, on the file of the 1 st respondent Police only as against the petitioner. 8. The learned Government Advocate on instructions submitted that investigation was completed and final report was filed before the Mahila Court, Krishnagiri on 07.02.2024 as against both the accused persons. In the light of the above order, the concerned Court shall act upon the final report only in so far as Harish is concerned and proceed further in accordance with law. 9. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.65 of 2023, on the file of the 1st respondent police, is quashed in so far as the petitioner is concerned. 9. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.65 of 2023, on the file of the 1st respondent police, is quashed in so far as the petitioner is concerned. The petitioner shall pay a sum of Rs.1,500/- (Rupees One Thousand and Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code: IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected Miscellaneous Petition is closed. 10. Post this case under the caption 'For Reporting Compliance' on 02.04.2024.