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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Nirmal Kumar, J
Muruganantham – Appellant
Versus
State of Tamil Nadu, rep., by The Inspector of Police, Peraiyur Police Station, Ramanathapuram District – Respondent
| Table of Content |
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| 1. victim's affidavit and compromise (Para 5 , 6 , 7 , 8 , 9) |
ORDER :
The petitioners, who are A2 to A5 in Crime No.67 of 2024 for the offences under Sections 5(1), 6 and 17 of TN Prohibition of Child from Sexual Offences Act, 2012 , Section 506(1) of IPC and Section 9,10 and 11 of TN Prohibition of Child Marriage Act, 2006 , had filed this quash application.
3. The learned Government Advocate (crl.side) submitted that on the complaint of the victim, case has been registered in Crime No.67 of 2024 and thereafter, on completion of investigation, victim statement recorded and she was produced before the Magistrate and her statement under Section 164 recorded. She confirmed penetrative sexual assault committed by A1 and married with A2. During investigation, statement of witnesses recorded. The victim, A1 and A2 were produced before the Doctor for medical examination. Records collected. Thereafter, charge sheet was filed listing L.W.1 to L.W.26. The first petitioner is the husband of victim, second and third petitioners are mother and mother- in-law of victim and the fourth petitioner is the grandparent of victim. On interaction with the victim, it is confirmed that the v
The court can quash criminal proceedings based on a compromise between parties, even for non-compoundable offences, when it serves the ends of justice and prevents oppression.
Compromise between parties in non-compoundable criminal cases can satisfy interests of justice and lead to quashing proceedings when there is minimal chance of conviction.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
A crime under the POCSO Act may be quashed if the victim and accused marry and live harmoniously, emphasizing the importance of family stability over legal proceedings.
Marital status of the victim post-assault can justify quashing criminal proceedings under specific statutes.
Marriages following sexual assault allegations can justify quashing of criminal charges to promote family stability and justice.
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity....
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