Satham Hussain v. The Inspector Of Police

CRL OP(MD). No.5621 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.5621 of 2022 and Crl.MP(MD)No.3999 of 2022

1. Satham Hussain

2. Sahul Hameed

3. Parveen Banu

4. Ummal Habiba

...Petitioners/Accused Nos 1 to 4

Vs

1. The State represented by The Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

(Crime No.10 of 2021) ...1st Respondent/Complainant

2. Amalapushpam ...2nd Respondent/Defacto Complainant PRAYER :- Criminal Original Petition filed under Section 482 Cr.P.C.to call for records pertaining to the charge sheet in Special S.C No.2/2022 on the file of the Mahila Court, Pudukkottai and to quash the same insofar as the petitioners are concerned. For Petitioners : Mr.T.Lenin Kumar For 1st Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the Special S.C No.2/2022, on the file of the Mahila Court, Pudukkottai. 2.The learned counsel appearing for the petitioner would submit that the first petitioner fell in love with the victim, who was aged about 17 years and thereafter, they got married. Since, the victim was minor at the time of marriage, a case has been registered against the petitioners, for the offences punishable under Sections 5(l), 5(i), 5(ii), 5(m) r/w 6(i) of the Protection of Children from Sexual Offences Act, 2019 and Sections 9, 11 of Child Marriage Act, 2006. After attainment of majority of the victim, they got married and also delivered a child.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5621 of 2022 3.Today (ie., 04.04.2022), when the matter is taken up for hearing, both the first accused and the victim along with their child, appeared before this Court and also stated that they are living happily, after registration of marriage. 4.In view of the above, the entire proceedings in Special S.C No.2 of 2022, on the file of the Mahila Court, Pudukkottai, is hereby quashed against all the accused persons. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.The Mahila Court, Pudukkottai 2.The Inspector of Police, All Women Police Station, Aranthangi, Pudukottai District.

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

+1 CC to M/s.T. LENIN KUMAR, Advocate ( SR-16493[F] dated 05/04/2022 CRL OP(MD). No.5621 of 2022 & Crl.MP(MD)No.3999 of 2022 Date : 04/04/2022 SMV(CO) KB(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2