Quashing proceedings justified post-compromise, victim's majority, marriage, pregnancy to avoid abuse of process.

ORDER :

M. Nirmal Kumar, J.

The petitioners/accused in Spl.S.C.No.233 of 2025 filed this quash petition.

2.The prosecution case is that the victim is aged about 17 years born on 19.12.2007 living with her mother in Kattupakkam, Chennai. Her father passed away years before. The victim came in contact with one Surya/A1 through Instagram and developed love relationship between them, which came to the knowledge of her mother and hence, she made arrangement for the marriage of the victim with one Vijiyakumar/A2 on 16.06.2025. The victim girl called Surya/A1 on 15.05.2025 to take her away from home since she was not interested in the marriage. Following the same, Surya/A1 took the victim girl to his house where victim stayed for the night, at that time, he hugged and kissed her and further committed penetrative sexual assault. On 16.05.2025, the parents of Surya, namely, Raj/A5 and Dhanalakshmi/A6 came home and questioned the victim and found that she had not attained majority and advised victim to return to her house. On the complaint of victim’s mother Durga/A3, Police came there and secured the victim girl. The victim girl was enquired, sent for medical examination and produced before Magistrate. On completion of investigation, charge sheet filed against six persons listing witnesses LW1 to LW24 and documents. At this stage, the victim came forward to compromise the issue, she attained majority and continues to live with her husband Vijiyakumar/A2. Now the victim is pregnant and the Mother and Child Protection Card with RCH ID No.133011722991 issued by the Government of Tamil Nadu is produced.

3.The contention of the learned counsel for the petitioner is that in this case A3 is the mother of the victim, finding that her daughter was found missing on 15.05.2025 lodged a complaint to the respondent police and a case registered in Crime No.118 of 2025 for girl missing. The victim was found in the house of the fourth petitioner/A1 along with parents of A1. Thereafter, she was brought to the Police Station, sent for medical examination and her 164 statement recorded on 02.07.2025. In her statement she disclosed the fact that she came in contact with A1 through Instagram and on her own she went along with Surya/A1 to his house on 15.05.2025 where she stayed for a night along with Surya’s parents, brother and grandmother, on the next day Police came and secured her and there is no mention about any penetrative sexual assault by A1 on the night of 15.05.2025. In her 161 statement recorded on 03.07.2025, the victim disclosed further fact that A3/mother of the victim fixed marriage for the victim with A2 on 16.06.2025, the marriage was scheduled to held at Muthuvalli Paradise Marriage Hall and invitations were distributed, initially she was not interested in the marriage and hence, she called Surya/A1 and she voluntarily went along with him. In that statement, it is recorded on 15.05.2025 A1 committed penetrative sexual assault. After the marriage of victim with A2 on 16.06.2025, A2 had physical relationship with the victim. Thereafter, the victim’s further statement recorded on 17.05.2025 and 27.06.2025. In the further statements, she does not state anything about penetrative sexual assault committed by A1 on 15.05.2025 and on the next day, parents of Surya insisting the victim to be sent back. In another statement on 27.06.2025, the victim again states about the incident happened on 15.05.2025, thus she has been in oscillation and taking prevaricating stand at each stage. He further submitted that as per the earlier arrangement, marriage between the victim girl and first petitioner/A2 held on 16.06.2025 at Muthuvalli Paradise Marriage hall which was attended by the relatives, friends and