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2021 Supreme(Online)(MAD) 40935

HIGH COURT OF MADRAS
Hon`ble Mr Justice M. NIRMAL KUMAR
SRINIVASAN – Appellant
Versus
THE STATE OF TAMIL NADU REP. – Respondent


ORDER

This Criminal Original Petition has been filed to call for the records of the case in Crime No.6 of 2021 on the file of the 1st respondent police and quash the same.

2.The case of the prosecution is that the petitioner and the second respondent defacto complainant, who is a minor, had love affair with each other. since her mother died in her childhood, she was residing with her sister, who is the sister-in-law of the petitioner. While so, the petitioner and the second respondent defacto complainant had physical relationship. In view of the same, she became pregnant. Hence, they got married on 09.11.2020. Out of wedlock, a male child was born on 22.04.2021. On 08.07.2021, there is some misunderstanding between them, due to which, she left her matrimonial house with her child. Thereafter, the second respondent lodged a complaint to the first respondent and a case in Crime No.6 of 2021 registered under Section 294(b), 323, 506(1) IPC, 376 (2) (n), 5(l), 5(n), 5(l) (ii), 6 of the Protection of Child from Sexual offences Act, 2012 and 9 of the Prohibition of Chile Marriage Act, 2006. Thereafter, the petitioner was remanded to judicial custody on 09.07.2021 and was released on bail o

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