Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.MP(MD)No.16231 & 16233 of 2023 Muthukumar ... Petitioner/Sole Accused vs.

1. The State rep by The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

(Crime No.5 of 2020) ... 1st Respondent/Complainant 2.Kalaiyarasi ...2nd Respondent/Defacto Complainant 3.Pushpa ... 3rd Respondent/Victim Prayer:- Petition filed under Section 482 of Code of Cr.P.C., to quash the Charge Sheet made on Spl.CC.No.108 of 2023 on the file of the Sessions Judge, Mahila Court, Tirunelveli.

For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.Mrs.M.Aasha, Government Advocate (Crl.Side) for R1 Mr.R.Balamurali for R2 1/4

ORDER

This petition is filed to quash the impugned charge sheet in Spl.CC.No.108 of 2023 on the file of the Sessions Judge, Mahila Court, Tirunelveli.

2. The defacto complainant and the petitioner are present before this Court. It is submitted that both of them are married and are living together and the defacto complainant submits that she is not willing to press the charges.

3. The case was registered under the POCSO Act, which is serious in nature. Therefore, this court will not go as per the version of the defacto complainant alone. This court has to take into consideration the entire allegations made in the final report filed by the police. Firstly, this court takes notice of the fact that the case entirely stands on the statement of the victim child alone. She is not willing to press the case and therefore, there is a nil chance of the prosecution securing a conviction. Secondly, even otherwise, upon appraisal of the contents of the statement made by the victim child as well as the other witnesses, it can be seen that at the age 2/4

of 16 plus, this is a case of getting into an affair and getting married, albeit before the statutory age. Considering the overall facts and circumstances of the case, treating this as an extraordinary case, this court, in exercise of its inherent powers under Section 482 of Cr.P.C., is inclined to quash the proceedings as against the petitioner.

5. Accordingly, the proceedings in Spl.CC.No.108 of 2023 on the file of the Sessions Judge, Mahila Court, Tirunelveli, is quashed and this petition is allowed. Consequently, the connected miscellaneous petitions are closed.

05.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss To 1.The Sessions Judge, Mahila Court, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Alangulam, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

D.BHARATHA CHAKRAVARTHY, J.

dss and Crl.MP(MD)No.16231 & 16233 of 2023 05.09.2024 4/4