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2021 Supreme(Mad) 2334

G.R.SWAMINATHAN
Chellaiah – Appellant
Versus
State Through The Inspector of Police, Madurai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:R. Aravind Raj, Advocate
For the Respondent:T. Senthil Kumar, Addl. S. Vijayakumar, Advocate

JUDGMENT :

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the pertaining to the proceedings in Spl.S.C.No.118 of 2020 pending adjudication on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Madurai and quash the same.)

1. This criminal original petition has been filed to quash the impugned proceedings in Spl.S.C.No.118 of 2020 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Madurai.

2. The victim is present before this Court. It is seen that the petitioner and the victim subsequently got married on 24.03.2018. A girl child was born through the wedlock. The birth certificate of the girl child has been enclosed in the typed set of papers. The petitioner's name has been shown as the father of the child. The parties are living together. In these circumstances, permitting the prosecution to continue will definitely cause ruin to both.

3. I am conscious that the offences under POCSO Act are not compoundable. However, a learned judge of this Court, vide order dated 27.01.2021 in the decision reported in CDJ 2021 MHC 636 (Vijayalakshmi Vs. State rep. by the Inspector of Polic

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