Quashing proceedings justified by subsequent compromise, doubtful age, and settled marital life to avoid abuse of process.

ORDER :

M.NIRMAL KUMAR, J.

Criminal Original Petitions filed to quash the proceedings in Spl.S.C.No.42 of 2025, pending on the file of the Fast Track Mahila Court, Krishnagiri against the petitioners/A1, A2, A4, A5 and A6.

2.Since both the Criminal Original Petitions are arising out of case in Spl.S.C.No.42 of 2025, this Court disposes both these petitions, by way of common order. For the sake of convenience and clarity, the petitioners are referred to as per their ranking in the charge sheet.

3.The petitioners in Crl.O.P.No.4998 of 2026 are A1 and A4, the petitioners in Crl.O.P.No.2984 of 2026 are A2, A5 and A6 in Spl.S.C.No.42 of 2025. A3 in this case is no more.

4.The case of the prosecution is that the victim in this case is aged about 17 years, A3 and A4 are the parents of the victim, A5 and A6 are the parents of A2 and A1 is the person who kidnapped the victim girl and was living with her in Coimbatore. A3 and A4, father and mother of the victim on 14.06.2024 informed the neighbours and others that their daughter was found missing. Later it was found that A1 was also missing and hence, a complaint was lodged by A4 at Kallavi Police Station for girl missing. On the complaint, a case in Crime No.136 of 2024 for the offence under Section 366 IPC registered, A4 was shown as LW1, A3 as LW2 and statement of 11 witnesses recorded. During investigation, it came to know that on 09.06.2024, marriage was conducted to the victim girl by her parents in Palaniandavar Temple, Pochampalli. The victim girl was a minor and hence, on the directions of Superintendent of Police, case was transferred from Kallavi Police Station to Pochampalli Police Station and case in Crime No.352 of 2024 for the offence under Section 366 IPCand Sections 5 (l), 5(j) (ii) r/w. 6(1), 11(4) r/w. 12 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 registered against A1 to A6. During enquiry with the victim girl, it came to know that her date of birth is 28.02.2007, she is staying in her maternal grandmother’s house from her young age and in the opposite house, A1 was staying and he was interested on the victim from her young age. Both A1 and victim were in a love relationship. The maternal grandmother on coming to know about the same sent the victim to her parents house where the victim continued her relationship with A1 and talking to him over phone regularly which was objected by her parents. Thereafter, the parents of the victim discontinued her studies and in a secretive manner made arrangement for marriage with A2/Pragash and marriage was held in Palaniandavar Temple, Pochampalli. The parents of both A2 and the victim participated in the marriage. The victim was not happy with the marriage, she called A1 on 14.06.2024 and forced him to take her away. On the same day, A1 took the victim in a bike and they left to Krishnagiri via Salem and reached Coimbatore on 17.06.2024, both went to Marudhamalai Temple and A1 tied Thali to the victim. Earlier Thali tied by A2 was snatched and thrown away. They rented a house in Coimbatore and living as husband and wife for 1½ months, at that time, they had physical relationship. On coming to know about the complaint lodged by victim’s mother and Police were in search of victim and A1, the victim was produced before the respondent police by A1 and she disclosed the entire happenings as to how she was forcibly married to A2 by her parents. Thereafter the victim was referred to One Stop Centre in Krishnagiri where the Child Protection Officer enquired her and she gave a statement. On completi