Madras High Court
Rajagopal @ Boopathy Raja vs State By on 16 October, 2023
Crl.OP SR No.46089 of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-10-2023
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
Crl. OP SR No.46089 of 2023
And
Crl.MP No.15904 of 2023
Rajagopal @ Boopathy Raja ... Petitioner/Accused
Vs.
1.State by
Inspector of Police,
All Women Police Station,
Bhavani,
Erode District.
(Crime No.15 of 2021) ... Respondent/Complainant
2.Rajendran ... Respondent/De-facto
Complainant
Prayer: Criminal Original Petition has been filed under Section 482 of the
Code of Criminal Procedure, call for the records in connection with Spl. SC
No.81 of 2022 on the file of the learned District and Sessions Judge, Fast
Track Mahila Court, Erode District and to quash the same.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.OP SR No.46089 of
For Petitioner : Mr.K.Balu
For Respondent-1 : Mr.S.Udaya Kumar,
Government Advocate
(Criminal Side).
ORDER
The complaint received from the Child Welfare Officer about
the child marriage occurred to 16 years old child. was taken up for
investigation by the All Women Police Station, Bhavani in Crime No.15 of
2021 dated 26.08.2021.
2. In the course of investigation, it was found that the victim girl
was around 16 years old. The accused-adult, who was the distant relative of
the victim girl, had married the victim girl and at the time of registering the
complaint, the victim girl was pregnant.
3. After ascertaining the age of the victim girl, the Final Report
was filed under Section 9 of the Prohibition of Child Marriage Act 2006,
under Sections 5(I) and 5(j)(ii) of the Prohibition of Child from Sexual
Offences Act, 2012 read with Section 6 of the Protection of Child from
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Crl.OP SR No.46089 of
Sexual Offences (POCSO) Act, 2012.
4. Now the victim girl and the accused want to quash the
Special SC No.81 of 2022 pending on the file of the learned District and
Sessions Judge, Fast Track Mahila Court, Erode District on the ground that
after the child birth, they continue to live as the husband and wife and any
outcome of the case will affect their peaceful matrimonial life.
5. Therefore, relying on the judgment of the Hon'ble Supreme
Court, the victim girl and the accused want to quash the case in Special SC
No.81 of 2022 pending on the file of the learned District and Sessions Judge,
Fast Track Mahila Court, Erode District.
6. Both the victim girl and the accused along with their child
were present. The Birth Certificate of the child indicates the accused as the
father and the victim girl as the mother.
7. In view of the facts narrated and stated in the Joint
Compromise Affidavit, this Court finds that there is no purpose in
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Crl.OP SR No.46089 of
continuing the prosecution and event if it is continued, the result will, in fact,
not protect the victim girl, but it will certainly affect her future as well as her
child's future. Hence, this Court by exercising its powers under Section 482
of the Cod of Criminal Procedure, quash the case in Special SC No.81 of
2022 pending on the file of the learned District and Sessions Judge, Fast
Track Mahila Court, Erode District.
8. Accordingly, the Crl.OP SR No.46089 of 2023 is allowed.
Consequently, the connected Crl.MP No.15904 of 2023 is closed.
16-10-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
https://www.mhc.tn.gov.in/judis
Crl.OP SR No.46089 of
To
1.The Inspector of Police,
All Women Police Station,
Bhavani,
Erode District.
2.District and Sessions Judge,
Fast Track Mahila Court,
Erode.
3.The Public Prosecutor,
High Court of Madras,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.OP SR No.46089 of
DR.G.JAYACHANDRAN, J.
Svn
Crl. OP SR 46089 of 2023
16-10-2023
https://www.mhc.tn.gov.in/judis
