ORDER :

This petition has been filed to quash the proceedings in Spl.SC.No.133 of 2019, on the file of the Special Court for POCSO Act at Cuddalore, insofar as the petitioners are concerned.

2. The case of the prosecution is that on 03.10.2014, the daughter of the second respondent was alleged to have been kidnapped by A1 and thereafter, A1 is said to have had sexual intercourse with the minor girl resulting in she getting pregnant. An FIR came to be registered in Crime No.241 of 2014. After investigation, a final report came to be filed before the Special Court for POCSO Act at Cuddalore. The petitioners have been arrayed as A2 to A9 for alleged offences under Section 366A of IPC and Section 17 of the Protection of Children from Sexual Offences Act, 2012 (herein after referred to as 'POCSO Act). The first petitioner is the father of A1 and the other petitioners are the friends and neighbours of A1. A6 is said to have died during the pendency of the proceedings.

3. The learned counsel for the petitioners submitted that the daughter of the second respondent had voluntarily gone along with A1 since both of them had a love affair and they were living independently and the petitioners had nothing to do with the alleged offences projected by the prosecution.

4. The learned counsel further submitted that the victim girl was neither examined by the respondent Police nor was her statement recorded under Section 164 of Cr.P.C. and curiously, she has not been brought to the scene throughout the investigation.

5. The learned counsel also brought to the notice of this Court, the medical examination report of the victim girl wherein she has made a statement that she had sexual intercourse for three months on her own willingness. The learned counsel submitted that none of the offences with which the petitioners have been charged, have been made out and the continuation of the criminal proceedings against the petitioners is an abuse of process of law, which requires the interference of this Court under Section 482 of Cr.P.C.

6. The learned Additional Public Prosecutor appearing on behalf of respondent submitted that Section 161 Cr.P.C. statement recorded from the witnesses sufficiently makes out the alleged offence against the petitioners and the petitioners will have to necessarily face trial before the Court below and prove their innocence.

7. The learned counsel appearing on behalf of second respondent supported the case of the prosecution and adopted the submissions made by the learned Additional Public Prosecutor.

8. This Court has carefully considered the submissions made on either side and the materials available on record.

9. It is clear from the records that there was an affair between A1 and the daughter of the defacto complainant. The daughter of the defacto complainant was a minor at the time of the incident. In the present case, for reasons best known to the prosecution, the statement of the victim girl was not recorded under Section 164 of Cr.P.C. inspite of a mandate which makes it compulsory under Section 164 (5A) of Cr.P.C. Surprisingly, her statement has not even been recorded by the Police in the course of investigation under Section 161 of Cr.P.C. Only step that was taken on the side of the prosecution insofar as the victim girl is concerned, is only to make her undergo a medical examination before the Government Head Quarters Hospital, Cuddalore. When she was examined by the concerned Medical Officer, she has made a statement that she had sexual intercourse for nearly three months with A1 on her own willingness. The medical report also shows that the victim girl was pregnant at the time when she was examined.

10. The second respondent, who is the father of the victim girl, has given his statement under Section 161 of Cr.P.C. as LW1. Insofar as the petitioners are concerned, the only allegation that was made is that he came to know that the petitioners have aided and abetted A1 to commit the offence. LW2 is the grandmother of the v