Sakthivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.8432 of 2022 and Crl.M.P.(MD).Nos.5696 & 5698 of 2022 1.Sakthivel 2.Tamilselvan ... Petitioners Vs.
1.The State through Inspector of Police, All Women Police Station, Andipatti, Theni.
(In Crime No.08 of 2021) 2.Sureshkumar, Leader and Member, Child Welfare Committee Office, Theni District.
3.xxx, Theni.
...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with the charge sheet in Spl.S.C.No.111 of 2021 pending on the file of the learned Fast Track Mahila Court, Theni and quash the same insofar as Accused Nos.9 and 10 are concerned.
For petitioners : Mr.K.Navanetharaja For R-1 : Mr.S.Manikandan Government Advocate (Criminal Side) 1/6
O RDER This petition has been filed seeking to quash the proceedings in Spl.S.C.No.111 of 2021 for the alleged offence punishable under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Section 6 of Protection of Child from Sexual Offences Act, 2012 on the file of the learned Fast Track Mahila Court, Theni.
2. The case of the prosecution is that the first accused, viz., P.C.Velmurugan, got married with a girl, viz., Yazhini, who is aged about 15 years. Thereafter, they blessed with a female child. Thereby, matrimonial issues arose between themselves and the first accused harassed his wife and the same was noticed by the Child Welfare Committee. Based on the same, the second respondent herein made a complaint before the first respondent Police and the first respondent Police has registered a case in Crime No.8 of 2021 against the petitioners and the respondent Police conducted the investigation and on completion of investigation, the charge sheet has been filed before the learned learned Fast Track Mahila Court, Theni and the learned Judge has taken cognizance in Spl.S.C.No.111 of 2021 for the alleged offence punishable under Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Section 6 of Protection of Child from Sexual Offences Act, 2012. 2/6
3. The learned counsel appearing for the petitioners would submit that a false case has been foisted against the petitioners and there is no specific allegation made against the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that there are materials available to proceed with the case as against the petitioners herein and at the threshold, the criminal proceedings cannot be quashed and the charges against the petitioners have to be gone into only at the time of trial and hence, he prayed for dismissal of the petition.
5. In the above circumstances, the trial court has rightly taken the case on file and this Court is of the considered view that no prejudice would be caused to the petitioners, if they are subjected to due trial as sufficient opportunity would be given to the petitioners to put forth their defence. The petitioners cannot be let by quashing the charges framed against them as that would completely undermine the alleged act, which is the subject matter of criminal trial pending against them. Useful reference in this regard can be made to the decision of the Hon'ble Apex Court in State of Haryana - Vs - Bhajan Lal (1992 SCC (Crl.) 426) 3/6
6. For the reasons aforesaid, this Court finds no ground or scope to quash the proceedings in Spl.S.C.No.111 of 2021 on the file of the learned Fast Track Mahila, Theni. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed.
7. At this juncture, the learned counsel appearing for the petitioners would submit that this Court may consider to dispense with the personal appearance of the petitioners before the court below. Taking into consideration the request as made by the learned counsel for the petitioners, the appearance of the petitioners before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 207 Cr.P.C., framing of charges, questioning under Section 313 Cr.P.C. and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners is necessary, the trial court, at its wisdom, shall direct their appearance on those days.
05.03.2024 Index : Yes/No Internet : Yes/No TSG 4/6
To 1.The Fast Track Mahila Court, Theni.
2.The Inspector of Police, All Women Police Station, Andipatti, Theni.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI. J.
TSG 05.03.2024 6/6