Crl.O.P.(MD) No.15673 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P(MD)No.15673 of 2022
1.V.Muthu @ Thukamuthu
2.Selvi ...Petitioners
vs.
1.The State represented by Inspector of Police,
Munneerpallam Police Station,
Tirunelveli City. (Cr.No.79/2019)
2.Subramaniam
3.XXXX ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records of impugned charge sheet in
Spl.C.C.No.60 of 2020 on the file of the Special Court for the
Exclusive Trial of POCSO Act cases, Tirunelveli and to quash the
same.
For Petitioners :Mr.V.M.Jegadeesha Pandian
For R1 :Mr.A.Albert James
Government Advocate
For R3 :Mr.S.Maharaja
*****
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Crl.O.P.(MD) No.15673 of 2022
ORDER
Heard Mr.V.M.Jegadeesha Pandian, learned Counsel for the Petitioners, Mr.A.Albert James, learned Government Advocate, appearing for the first Respondent and Mr.S.Maharaja, learned Counsel for the third Respondent.
2.The Petitioners are the parents of the accused as per the prosecution case. The accused, who is the son of the Petitioners, had developed love with his maternal uncle's daughter. Both are in the same village. Both are neighbours. In due course of the love, they developed physical intimacy, which resulted in the victim becoming pregnant. Only at the advanced stage of pregnancy, the parents of the victim and the parents of the accused were aware of the development. Therefore, they had performed marriage of the accused with the victim in the family deity temple.
3.The case of the minor became pregnant came to the outer world only when she was subjected to medical examination before the Doctors. The Doctors in the Government hospital, who examined the minor victim, had informed the Police regarding the offences 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15673 of 2022 committed on the minor. Therefore, the Police presumed to have approached the Village Administrative Officer of Ponnakudi village, who had given the police complaint. Based on which, an FIR has been registered. After the registration of the case, the investigation proceeded in laying of the final report. In the final report, the case against the accused was split up and laid before the Juvenile Justice Board, since the accused had not completed the age of 18.
4.The parents of the accused, who had performed marriage to the accused with the victim, were arrayed as accused Nos.2 and 3 by invoking the provisions of Prohibition of Child Marriage Act, 2006. Therefore, they are arrayed as accused before the Sessions Court, Special Court for POCSO offences.
5.It is the submission of the learned Counsel for the Petitioners that the victim is related to the accused as maternal uncle's daughter. After attaining the age of majority, the family of the victim and the family of the accused, who are related to each other, have performed the marriage of the victim with the accused attained the age of majority and the victim had delivered a male child. Now the child is aged three years. Now the Petitioners, the victim and the Petitioners' 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15673 of 2022 son/accused are living as a joint family.
6.Regarding joint compromise memo and for clarification, the parties were summoned. The statements of the father of the accused, [email protected] son of Vel Thevar, 47 years, the mother of the accused M.Selvi, wife of Muthu, 44 years, the accused, Shanmugapandi, son of [email protected], who is facing POCSO charges before the Juvenile Justice Board and the Victim, were also recorded. The accused, the victim, the parents of the accused were identified by the Investigation Officer.
7.If the Petitioners are convicted, the family environment will suffer damage, particularly, the child, who is now aged 3 years, will lose parental care and the affection of his father and his grandparents. Therefore, exercising the extraordinary power under Section 482 Cr.P.C., the case against the Petitioners herein, in Spl.C.C.No.60 of 2020 on the file of the Special Court for the Exclusive Trial of POCSO Act cases, Tirunelveli, is quashed in the light of the judgments of this Court in (a) 2021 (1) MWN (Cr.) 252 (Vijayalakshmi and another and State and (b) 2022 (1) LW Crl. 303 (Agavai vs the State) and in the light of the precedent of the 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.15673 of 2022 Hon'ble Gujarat High Court in 2021 Scc Online Guj 2961 (Ashwinibhai vs State of Gujarat). Accordingly, the Criminal Original Petition is allowed accordingly.
Index:Yes/No 15.09.2022
cmr
To
The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli City.
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Crl.O.P.(MD) No.15673 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
cmr
CRL.O.P(MD)No.15673 of 2022
15.09.2022
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