Prayer
The learned Counsel for the Petitioner submitted that this Petition had been filed seeking to quash the charge sheet in Spl.S.C.No.123 of 2022 pending on the file of the learned Judge, Fast Track Mahila Court, Dindigul. The Petitioner is the sole accused in Spl.S.C.No.123 of 2022 (re-numbered as Spl.S.C.No.187 of 2023)
Crux of the case: Defacto complainant registered the FIR under sections POCSO and 315 IPC
2.The case was registered based on the complaint given by the second Respondent/De-Facto Complainant before the first Respondent, Natham Police Station, Dindigul District. The complaint was registered in Cr.No. 212 of 2022. The same was investigated and final report was laid before the learned Judge, Fast Track Mahila Court, Dindigul, for the offence under Section 315 IPC and Sections 5(j)(ii) and 6 of the Protection of Child from Sexual Offences Act, 2012.
3.The sole Accused married the victim of crime, the second Respondent. They married with the blessings of the elders of both the Families, after the victim/Complainant attained the age of majority. Now, they are living as husband and wife. They are blessed with a daughter aged six months.
Joint Compromise memo
5.Statements are also recorded from the elders of both families in the presence of Mr.K.R.Badurus Zaman, learned Counsel for the Petitioner Mr.B.Thanga Aravindh, learned Government Advocate (Crl.side), and Mr.R.Alagia Nambi, learned Counsel for the second Respondent/Defacto Complainant.
6.Mr.P.Easwaran, Special Sub Inspector of Police, Natham Police Station, Dindigul District, appeared on behalf of the Inspector of Police, Natham Police Station, Dindigul District, before this Court and identified the parties and conceded that they are living as husband and wife.
Though it is not a general rule but minding 6 months minor child’s life Hon’ble High court exercising inherent power
7.If the trial concludes and ended in judgment, the Accused/Petitioner has to be sentenced to imprisonment for a period of not less than 20 years under the provisions of POCSO Act. If the case ends in conviction, an appeal has to be taken up. It will also be delayed. By that time, the minor child will be denied the love, affection and care of the father. It is a very shocking circumstance.
8.If the provisions of POCSO Act are mechanically applied, for no fault of the minor child, who aged 6 months, she had to live a cruel life and face cruelty of the society. Therefore, this is a peculiar circumstance. Therefore, exercising the inherent power of the High Court under Section 482 of Cr.P.C., top most priority is given to the minor child for the mental and physical health and future of the minor child, who is too young. Under those circumstances, the application of law had to be averted. It is an extraordinary circumstance. This cannot be applied as a general rule.
Hon’ble High Court quashed POCSO case
9.Considering the welfare of the minor child, who is too young and also considering the social and educational status of the parties, they have to be shown some lenience. Therefore, exercising the extraordinary power under Section 482 Cr.P.C., this Court is inclined to quash the case against the Petitioner herein, in Spl.S.C.No.123 of 2022 (re-numbered as Spl.S.C.No.187 of 2023), pending on the file of the Fast Track Mahila Court, Dindigul, in the light of the judgments of this Court in (a) 2021 (1) MWN (Cr.) 252 (Vijayalakshmi and another and State and (b) 2022 (1) LW Crl. 303 (Agavai vs the State) (c) 2019 SCC OnLine Mad 18850 (Sabari @ Sabarinathan @ Sabarivasan vs the Inspector of Police and others) and in the light of the precedent of the Hon’ble Gujarat High Court in 2021 Scc Online Guj 2961 (Ashwinibhai vs State of Gujarat). In the result, the Criminal Original Petition is allowed. The case in Spl.S.C.No.123 of 2022 (re-numbered as Spl.S.C.No.187 of 2023), pending on the file of the Fast Track Mahila Court, Dindigul, is quashed. Consequently, connected Miscellaneous Petitions are closed.
Party
Venkatesan …Petitioner vs 1.The Inspector Of Police, Natham Police Station, Dindigul District. Crime No.212 Of 2022 2. “X”…Respondents – Crl.O.P (Md) No.3890 Of 2023 And Crl.M.P.(Md) Nos.3461 And 3462 Of 2023 – 14th February ,2024 – Coram:- The Hon’ble Mr.Justice Sathi Kumar Sukumara Kurup – Before The Madurai Bench Of Madras High Court
https://mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/930523
