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2022 Supreme(Mad) 2878

N. SATHISH KUMAR
Manikandan – Appellant
Versus
State Rep. By The Inspector of Police, Thiruvallur – Respondent


Advocates appeared:
For the Petitioner:R. Sasikukmar, Advocate. For the Respondents:R1, E. Raj Thilak, Additional Public Prosecutor, R2, K. Thirumavalavan, Advocate.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to Spl.S.C.No.78 of 2021 on the file of the Mahila Fast Track Court, Thiruvallur for the offences punishable under Sections 363, 365, 344, 376 (2) (n) of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3 (a), 4 (2), 5 (1), 6 (1) of POCSO (Amendment) Act, 2019 and quash the same.)

1. This Criminal Original Petition has been filed to quash Spl.S.C.No.78 of 2021, on the file of the Mahila Fast Track Court, Thiruvallur, for the offences punishable under Sections 363, 365, 344, 376 (2) (n) of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3 (a), 4 (2), 5 (1), 6 (1) of POCSO (Amendment) Act, 2019.

2. The case of the prosecution is that the petitioner and the daughter of the second respondent were in love with each other. On 22/1/2020, the second respondent lodged a complaint under “Girl Missing” and the same was registered in Crime No.23 of 2020 and subsequently, the First Information Report was transferred to the first respondent Police. First respondent Police filed a final report a

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