Sureshkumar vs The Inspector Of Police
2022 Latest Caselaw 9065 Mad

                                                                    Crl.O.P.(MD)No.10832 of 2020

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 28.04.2022

                                                      CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                        CRL.O.P.(MD).No.10832 of 2020
                                                   and
                                        CRL.M.P.(MD)No.4931 of 2020


                     1.Sureshkumar
                     2.Murugan
                     3.Nagajothi
                     4.Senthil Kumar                        ... Petitioners / Accused Nos.1 to 4

                                                         Vs.
                     State Rep. by
                     1.The Inspector of Police,
                        All Women Police Station,
                        Theni.
                        Crime No.22 of 2019                 ... 1st Respondent / Complainant


                     2.Sneka                                ... 2nd Respondent / Defacto
                                                                          Complainant


                     PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.
                     to call for the records in Spl.S.C.No.23 of 2020 on the file of the learned


                     1/6

https://www.mhc.tn.gov.in/judis
                                                                         Crl.O.P.(MD)No.10832 of 2020

                     Mahila Court, (Special Court for POCSO Act), Theni, quash the same as
                     against these petitioners.


                                     For Petitioners     : Mr.N.Mohideen Basha
                                     For R1              : Mr.A.Thiruvadikumar,
                                                          Additional Public Prosecutor


                                                          ORDER

This Criminal Original Petition is filed to quash the final report

filed in Spl.S.C.No.23 of 2020 on the file of the Mahila Court, (Special

Court for POCSO Act), Theni.

2. A1 stood charge for the offence under Section 6 of POCSO

Act, Section 9 of Child Marriage Act and Section 294(b) IPC. A2 to A4

were charged for the offence under Section 17 of POCSO Act, Section 10

of Child Marriage Act and Section 294(b) IPC.

3. The crux of the allegation in the final report is that the victim

was aged about 16 years. A1 wanted to marry the victim girl which was

refused by the parents of the victim girl. However, he enticed the girl

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10832 of 2020

and had an intercourse. Thereafter, with the support of A2 to A4, A1

married the victim girl. As a result, she became pregnant and later it was

aborted. The above final report is sought to be quashed mainly on the

ground that the marriage was solemnized with the consent of the victim

girl and there was no penetrative sexual assault. Since the accused have

already prosecuted under the Child Marriage Act, once again, they cannot

be slapped with charges under the POCSO Act.

4. Mr.Mohideen Basha, learned counsel appearing for the

petitioners would contend that there was a consent of marriage and

therefore, the offence under Section 6 of the POCSO Act will not be

attracted in this case. Similarly, there is no evidence for the marriage to

attract the offence under the Child Marriage Act, hence, prays to quash

the final report.

5. Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor

appearing for the first respondent would submit that the girl was aged

about 16 years at the time of occurrence, she was enticed and subjected

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10832 of 2020

to the penetrative sexual assault, as a result, she became pregnant and

thereafter, miscarriage was also done. He further submitted that the

prosecution has laid the final report after investigation. Hence, opposed

the quashing of the final report.

6. Heard the submissions of the learned counsel appearing on

either side and perused the materials available on record.

7. On a perusal of the entire final report, this Court is of the

view that quashment of the proceedings cannot be made particularly in

case of similar nature, when serious allegation has been made against the

accused for committing the alleged aggravated penetrative assault

besides Child Marriage Act. It has to be seen only in the trial not in an

application filed under Section 482 Cr.P.C. Therefore, this Court is of

the view that since this matter requires trial, the final report cannot be

quashed.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10832 of 2020

8. Accordingly, this Criminal Original Petition is dismissed. At

this stage, the learned counsel appearing for the petitioner seeks

indulgence of this Court to dispense with the personal appearance of the

accused. Considering the fact that, there appears to be an affair between

A1 and the victim girl, the personal appearance of the petitioners alone is

dispensed with before the trial Court except for the hearing dates,

receiving the copies, framing the charges, questioning under Section 313

Cr.P.C., and at the time of passing judgment or any other dates that may

be fixed by the Trial Court. The trial Court shall expedite the trial and

dispose of the case in Spl.S.C.No.23 of 2020 as expeditiously as

possible on its own merits and in accordance with law. Consequently,

connected miscellaneous petition is closed.

28.04.2022 Index: Yes/No Internet: Yes/No VSM

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.10832 of 2020

N.SATHISH KUMAR, J.

VSM

To

1.The Mahila Court, (Special Court for POCSO Act), Theni,

2.The Inspector of Police, All Women Police Station, Theni.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P.(MD).No.10832 of 2020

28.04.2022

https://www.mhc.tn.gov.in/judis