O R D E R

This Criminal Original Petition has been filed to call for the entire records in pursuant to the charge sheet in SPL.S.C.No.94 of 2019 in Cr.No.299 of 2018 dated 11.08.2018 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, 2012 at Vellore and quash the same.

2.The brief facts of the case is as follows:-

Based on the complaint given by the 2nd respondent/S.Venkatesan/defacto complainant had preferred a complaint on 11.08.2018 before the 1st respondent police that his daughter namely V.Jothika (minor aged 17 years) who was studying B.Sc., 2nd year in Abirami Arts and Science College at Gudiyatham was found missing. The case in Cr.No.299 of 2018 was registered by the respondent police under the caption "girl missing". Thereafter, during the course of investigation it came to light that the petitioner/A1 had kidnapped the victim from the lawful guardianship of the defacto complainant and had committed an offences punishable under Section 363 and 366 of IPC and in the same incident he had taken her to nearby Amman Temple and the A2, the cousin of the petitioner herein had helped A1 to perform child marriage with the victim by tying thali around the neck of the victim. Thereby, committed an offences punishable under Section 9 of the Prohibition of Child Marriage Act, 2006 and A2 had committed an offence punishable under Section 10 of the Prohibition of the Child Marriage Act, 2006. In the course of the same incident between 11.08.2018 and 15.08.2018, the A1 had taken the victim to his house at Sholinghapuram and repeatedly committed penetrative and sexual assault, thereby the petitioner had committed an offences punishable under Section 6 r/w 5(1) of the Protection of Child from Sexual Offences Act, 2012. Thereafter, the respondent after completion of the investigation had filed the final report as against the accused for an offences under Section 5(1), 6 and 17 of Protection of Child from Sexual Offences Act, 2012, Sections 363 and 366 of IPC and Sections 9 and 10 of Child Marriage Restraint Act, 1929.

3. The case has been taken up in Spl.S.C.No.94 of 2019 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, 2012 Vellore and the case is pending trial. The present petition has been filed seeking to quash the proceedings on the terms of compromise between the petitioner and the victim.

4. The learned counsel for the petitioner would submit that the victim and the petitioner were hail from the same vicinity and they belong to two different communities, they were in love with each other. During the relevant time, the victim was studying in B.Sc., 2nd year at Abirami Arts and Science College, Gudiyatham, coming to know about the love affair, the defacto complainant/father of the victim had compelled her to marry someone against her choice and preparation were made for the marriage against her wishes. Thereby, the victim eloped from the house and joined the petitioner and they got married in a temple on the same day. The victim was born on 09.07.2000 and on the date of occurrence/elopement on 11.08.218, she was 18years and 1month old and she was not a child, whereas, the father of the victim had given a false complaint as if the victim was minor, based on which the case was registered. Subsequently, coming to know of the registration of the case the petitioner and the victim voluntarily surrendered before the police and the petitioner/A1 and his cousin/A2 were arrested and they were granted bail by this Court in Crl.O.P.Nos.21470 and 21471 of 2018 dated 06.09.2018. Meanwhile, the victim was taken on custody by the defacto complainant. The petitioner had filed HCP.No.2313 of 2018 before this Court seeking for production of the victim girl, pursuant to which, the victim was produced before this Court on 12.11.2018. Before the Division Bench of this Court, the victim girl informed that she had married the petitioner and thereby she was allowed to join the petitioner.

5. Th