Chinna Veer v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.08.2024
CORAM
The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)Nos.14678 & 14679 of 2023 1.Chinna Veer 2.Chitra 3.Ilayaraja 4.Arumugam 5.Lakshmi ... Petitioners Vs.
1.The State rep. By The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.
2.Malarkodi 3.Chinna Veer (R3 amended as per the order of this Court, dated 23.08.2024, in Crl.M.P.(MD)No.8461 of 2024) ... Respondents 1/5
PRAYER :- This Petition is filed under Section 482 Cr.P.C, to call for the records relating to the petitioners in the proceedings in S.C.No.29 of 2024 on the file of the Additional District Sessions Court, Sivagangai, in Crime No.9 of 2020 on the file of the first respondent police. For Petitioners : Mr.R.Udhayakumar For Respondents : Mr.A.Albert James Government Advocate (Crl.Side) for R1
ORDER
The Criminal Original Petition is filed to quash the proceedings in S.C.No.29 of 2024 on the file of the Additional District Sessions Court, Sivagangai, in Crime No.9 of 2020 on the file of the first respondent police.
2. The learned counsel for the petitioners seeks to quash the case on compromise. The case is filed for the offence under Sections 9 and 10 of the Prohibition of Child Marriage Act 2006. The parents of the child 2/5
Sathya and the parents of the parents of one Ilayaraja, who is supposed to be the groom and the said Ilayaraja are the accused in the case. All of them are present before this Court and a joint memorandum of compromise is also filed. The victim was born on 15.07.2004 and she states that she did not get married to the said Ilayaraja and she has now completed her Bachelor of Arts Degree in RDM College, Sivagangai. and she is contemplating higher studies or employment. The said Ilayaraja is also present before this Court. He submits that he had never married the said Satya. As a matter of fact, he is married yet another person, by name, Kausalya. Therefore, apart from the compromise, it can be seen that the charge itself is made on erroneous facts. The above facts are duly verified.
3. In view of the fact that since the very allegation turns out to be actually incorrect and in view of the consent of all the parties, I am inclined to allow the Criminal Original Petition. 3/5
4. Accordingly, the Criminal Original Petition and the case in in S.C.No.29 of 2024 on the file of the Additional District Sessions Court, Sivagangai, shall stand quashed. Consequently, connected Miscellaneous Petitions are closed.
23.08.2024 Internet : Yes Index : Yes/ No NCC : Yes/No LS TO
1. The Additional District Sessions Court, Sivagangai 2.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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D.BHARATHA CHAKRAVARTHY,J LS
ORDER
IN CRL OP(MD) No.18609 of 2023 Date : 23.08.2024 5/5