High Court quashed prosecution in POCOS case where victim girl attains majority, appears in court married to accused, states living happily, noting no purpose served in continuing trial.
Impugned prosecution under Special S.C.No.6 of 2019 stands quashed and criminal original petition allowed.
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Crl.O.P.(MD)No.2302 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2302 of 2020
Shanmugasundaram
... Petitioner/Solo Accused
Vs.
1.The State represented by
The Inspector of Police,
Tharuvaikulam Police Station,
Tuticorin,
Tuticorin District.
(Crime No.75 of 2018) ...1st Respondent/Complainant 2.Perumal ...2nd Respondent/ Defacto Complainant 3.Sivasakthi ...3rd Respondent/Victim Girl
(Crime No.75 of 2018)
PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the charge sheet in Special S.C.No.6 of 2019 on the file of the POSCO Court, Tuticorin against Crime No.75 of 2018 on the file of the first respondent police and quash the same.
ORDER
Heard the learned counsel on either side.
2.The petitioner is figuring as accused in Spl.S.C.No.6 of 2019 on the file of the POSCO Court, Tuticorin. The second respondent is the defacto complainant. The second respondent has given a complaint that his minor daughter namely., Sivasakthi was kidnapped by the petitioner. That led to registration of Crime No.75 of 2018 on the file of the first respondent.
3.Today ie., 28.10.2020 when the matter was taken up for hearing, the victim girl appeared before this Court through web hearing. The victim girl namely., Sivasakthi has been duly identified by her counsel and also by the first respondent police. The victim has categorically stated that she had attained majority and that she got married to the petitioner. The marriage has also been duly registered. The victim girl clearly stated that she is living happily with the petitioner. When the victim girl herself does not want the prosecution to continue, I am of the view that no purpose will be served in keeping the prosecution alive. https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.2302 of 2020
4.In this view of the matter, the impugned prosecution stands quashed and the criminal original petition is allowed.
ias
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.
ENCL: Xerox Copy of Joint Compromise Memo.
To:-
1.The POSCO Court, Tuticorin District. 2.The Inspector of Police, Tharuvaikulam Police Station, Tuticorin, Tuticorin District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.P.BURU PRASATH, Advocate ( SR-20685[F] dated 29/10/2020 Crl.O.P(MD)No.2302 of 2020 28.10.2020 CK(CO) KB(10.11.2020) 2P 5C
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2 issues framed by the court
Whether the prosecution in a POCOS case should continue when the victim girl has attained majority, got married to the accused, and states she is living happily.
Whether the impugned charge sheet enhancing feeble亲亲-s under Section 482 CrPC should be quashed.
1 provisions across 1 enactments
Shanmugasundaram
The State
The Inspector of Police, Tharuvaikulam Police Station
Perumal
Sivasakthi
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
