G.R.SWAMINATHAN
K. Sundhar – Appellant
Versus
Inspector of Police, Sellur Police Station, Madurai – Respondent
JUDGMENT :
(Prayer: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned charge sheet in Spl.S.C.No.134 of 2019 on the file of the Mahila Court (Special Court for exclusively trial of POCSO Act) Cases, Madurai and quash the same.)
1. This Criminal Original Petition has been filed for quashing the proceedings in Spl.S.C.No.134 of 2019 on the file of the Mahila Court (Special Court for exclusively trial of POCSO Act), cases, Madurai.
2. It is seen that the victim had attained majority. The prime accused and the victim have already got married to each other. Two children namely Eshanika and Eshan Karthick have also been born. The identity of the parties has also been confirmed by Thiru.Murali Kannan, SSI of Police attached to Sellur Police Station, Madurai City.
3. Since the parties are living together and two children have also been born, permitting the prosecution to proceed to its logical conclusion will spell ruin to every one.
4. 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 V
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