Azharudheen Ali v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 23.11.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.17406 of 2022 Azharudheen Ali ... Petitioner -vs1. State, Rep. by Inspector of Police, All Women Police Station, Thiruchengode, Namakkal District.
2.Veeramani Village Administrative Officer, Thiruchengode Town, Namakkal District.
...Respondents
PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, call for the records in connection with the Crime No.24/2022 pending on the file of the 1st respondent namely Inspector of Police, All Women Police Station, Thiruchengode, Namakkal District and quash the same.
For Petitioner : Mr.E.Kannadasan For 1st Respondent: Mr.Leonard Arul Joseph Selvam Page No.1/5
Government Advocate (Crl.Side)
ORDER
The petition filed to quash the F.I.R., registered in Crime No.24/2022 pending on the file of the 1st respondent namely Inspector of Police, All Women Police Station, Thiruchengode, Namakkal District, for the offence under Sections 9 and 10 of Child Marriage Act, 2006.
2. The learned counsel appearing for the petitioner submits that the petitioner married one jainaf Naziyha on 02.06.2021, as per the custom of Muslim religion and they are living happily. At present they are blessed with twin children.
3. While so, after one year of their marriage, the case was registered by Thiruchengode Police in Crime No.24 of 2022 dated 29.06.2022, later, it was transferred to Keelakarai Police Station, Ramanadhapuram and re-registered in Crime No.20 of 2022 on 06.11.2022. On completion of investigation, final report was also filed by the Keelkarai Police before the concerned Court and the Court has not taken cognizance of the report so far. Page No.2/5
4. In view of the above fact, this Court dispose of this petition with a direction to the Court concerned to take note of the fact that at the time of marriage the girl was about few months less than 18 years old and the complaint was being filed by the Child Line Officer, at the time of delivery and also the complaint was given by the Village Administrative Officer on 29.06.2022, one year after the marriage and after the girl attained majority. The said complaint was given after one year of the marriage and also to take note of the fact that the girl is living with the petitioner herein happily with her two children, this Court directs the concerned Court to pass appropriate orders pursuant to the guidelines of the Hon'ble Supreme Court in similar cases.
5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 23.11.2023 Index : Yes/No ssn Page No.3/5
Dr.G.JAYACHANDRAN, J., ssn To
1. Inspector of Police, All Women Police Station, Thiruchengode, Namakkal District.
2. The Public Prosecutor, Madras High Court, Madras.
and Crl.M.P.No.17406 of 2022 Page No.4/5
23.11.2023 Page No.5/5