Madras High Court
Devi Kalaivani vs The State Rep. By The Inspector Of ... on 8 August, 2022
Crl.OP.No.214 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P. No.214 of 2022 &
Crl.M.P.Nos.56, 57 & 12474 of 2022
Devi Kalaivani ... Petitioner
Vs.
1. The State Rep. by the Inspector of Police,
All Women Police Station – Avinashi,
Avinashi Taluk, Tiruppur District.
[Crime No.9 of 2019]
2. Devi Kalaivani ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records relating to charge sheet in Spl.
S.C.No.77 of 2021 on the file of the Mahila Court, Tiruppur and quash the
same.
For Petitioner : Mr.Veerasekharan
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor – R1
https://www.mhc.tn.gov.in/judis
Page 1 of 5
Crl.OP.No.214 of 2022
ORDER
This Criminal Original Petition has been filed to quash the Final
Report filed in Spl. S.C.No.77 of 2021 on the file of the Mahila Court,
Tiruppur for the offences under sections 5 [j] [ii], 5 [i], 6 and 17 of
Protection of Children from Sexual Offences Act, 2012 and Sections 9 and
10 of Prohibition of Child Marriage Act, 2006.
2. The petitioner, who was originally the defacto complainant in this
case, was subsequently made as an accused based on the statement recorded
under section 164 of Cr.P.C. of the victim girl.
3. The learned counsel appearing for the petitioner submitted that the
victim girl has given the statement under section 164 Cr.P.C. to wreck
vengeance in a money dispute between the petitioner and the victim girl's
family, as if the petitioner is instrumental for child marriage, whereas, she is
no way connected with the child marriage.
4. Though a perusal of the statement recorded under section 164
Cr.P.C., appears that the main dispute is with regard to the money
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Crl.OP.No.214 of 2022
transaction, such complaint has been given by one Palanisamy at the
instance of the victim's mother-in-law. It further appears that the said
Palanisamy has instigated the present petitioner to lodge a complaint for the
offences under sections of Protection of Children from Sexual Offences and
Prohibition of Child Marriage Act against the victim's husband which
triggered in adding this petitioner as an accused. Be that as it may.
4. Now, it is submitted that P.W.1 has given evidence which is
supported by her statement given under section 164 of Cr.P.C. In such view
of the matter, quashment of the proceedings does not arise at all. The trial
Court shall appreciate the evidence and consider the background on which
the petitioner has been arrayed as an accused, taking note of the money
dispute between the parties and dispose of the case.
5. At this stage, the learned counsel for the petitioner sought
indulgence of this Court to dispense with the appearance of the petitioner
before the trial Court.
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Crl.OP.No.214 of 2022
6. Accordingly, this Criminal Original Petition is dismissed.
Consequently, connected miscellaneous petitions are closed. The personal
appearance of the petitioner before the trial Court is dispensed with except
for questioning under section 313 Cr.P.C. and on the date of pronouncing
judgment and on any other dates as fixed by the trial Court.
08.08.2022
vrc
To,
1. The Inspector of Police,
All Women Police Station – Avinashi,
Avinashi Taluk, Tiruppur District.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.214 of 2022
N. SATHISH KUMAR, J.
vrc
Crl.O.P. No.214 of 2022
08.08.2022
https://www.mhc.tn.gov.in/judis
