ORDER :

This Criminal Original Petition has been filed to quash the STC. No.176 of 2015 on the file of the Judicial Magistrate No.I, Tiruvannamalai.

2. Heard Mrs.J.Sundarakanchani, learned counsel for the petitioners and Mr.P.Kannan for the second respondent.

3. Thirumoorthy married Sumathi on 07.09.2014 in Tiruvannamalai. After marriage, he stayed with her in her natal home till 11.09.2014, during which time, they had such serious differences, that he parted company with her and returned to his home in Chennai on 12.09.2014. Thirumoorthy filed HMOP.No.160/2014 in the Sub Court, Kanchipuram, on 11.10.2014, for declaring the marriage as null and void. Sumathi filed HMOP.No.1/2015 on 05.01.2015 in the Sub Court, Tiruvannamalai for restitution of conjugal rights. Thereafter, Thirumoorthy filed Tr.CMP.No.183 of 2015 before this Court to transfer HMOP.No.1/2015 to the Sub Court, Kanchipuram, to be tried along with HMOP.No.160/2014.

4. It is the case of Thirumoorthy that Sumathy had confessed to him on the first night that she had taken “rubella vaccine” and that she has been medically advised to refrain from sex. Thereafter, Thirumoorthy learnt that Sumathy was incapable of consummation due