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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.NIRMAL KUMAR, J
Asrin Fathima – Appellant
Versus
State of Tamil Nadu rep. By The Inspector of Police, All Women Police Station – Respondent
ORDER :
M. Nirmal Kumar, J.
The petitioner/accused in Spl.S.C.No.188 of 2024 facing trial for the offence under Sections 3(d), 4, 5(n), 6, 16, 17 of Protection of Child from Sexual Offences Act, 2012 [POCSO Act] and Section 67A of the Information Technology Act, 2000 filed this quash petition.
2.The case projected against the petitioner is that the petitioner and the defacto complainant/second respondent got married during the year 2020 and out of their wedlock, they were blessed with a girl child aged about three years. During November 2022, the defacto complainant/husband left to Dubai for his job and the petitioner along with her daughter was residing with her parents at Eral. During December 2023, the defacto complainant found the petitioner’s phone to be in online for a long and he got suspicion. On 23.02.2024, the defacto complainant came to India, went to his native at Kayalpattinam and when he called the petitioner to join him, she refused. Hence, on 29.02.2024 the defacto complainant went to Eral, at that time, he found his wife going out constantly and talking in her mobile [Redmi mobile with Phone No.9080528042]. Thereafter, the defacto complainant installed File Recovery A
In matrimonial disputes, criminal proceedings may be quashed if the parties amicably resolve their issues, particularly when the allegations lack sufficient evidence of wrongdoing.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
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.
Continuing criminal proceedings post-marriage of the accused and victim can undermine justice; quashing the proceedings promotes family unity and supports justice.
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
The court may quash criminal proceedings when a settlement exists between parties, and continuing prosecution would lead to an abuse of process.
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