BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14.02.2024 CORAM The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.681 of 2022 Selvam ... Petitioner Vs

1. State Rep. By its, The Inspector of Police, All Women Police Station, Keeranur, Pudukkottai District.

(Crime No.14/2021)

2. Saraswathi, W/o. Balasubramani, Keelakku theru, Annasamuthiram, Theravur Mettupatty, Viralimalai Taluk, Pudukkottai District. ... Respondents PRAYER :- Criminal Original Petition filed under section 482 of Cr.P.C., to call for the records and quash the proceedings in Spl. S.C.No. 33 of 2021 pending on the file of the learned Sessions Judge, (Mahila Court), Pudukottai.

For Petitioner : M/s. B. Sekar For Respondents : M/s.P. Kottaichamy for R1 Additional Public Prosecutor M/s. J.S. Murali for R2

ORDER

This petition has been filed seeking to quash the charge sheet in Spl.S.C.No.33 of 2021 on the file of the Sessions Judge, (Mahila Court), Pudukottai.

2.The case of the prosecution is that a complaint came to be registered against the petitioner by one Mookkayee, who is the mother of the victim girl, stating that on the pretext of marrying, the petitioner had physical relationship with the victim girl, as such, the victim girl got pregnant and hence, a case in Crime No.14 of 2021 for the offences under Sections 5(1), 5(j)(ii) and 6(1) of Protection of Child from Sexual Offences Act, 2012 was registered. On completion of investigation, chargesheet came to be filed before the jurisdictional Court and the same was taken on file in Spl.S.C.No.33 of 2021. Challenging the same, the petitioner filed this petition.

3.The learned counsel for the petitioner would submit that the petitioner and the victim girl are close relatives, ie., the de-facto complainant is the paternal aunt of the petitioner herein. He would submit that though the criminal case was registered against the petitioner as early as on 19.09.2021, subsequently, with the blessings of the elders of both the family, the marriage was performed between the petitioner and the victim girl, after the victim girl became major, on 12.02.2023 at Ennai Community Hall, Illapur Pudukottai District and the said marriage was registered on 12.04.2023. Subsequently, they were blessed with a girl baby. It is therefore, submitted that both the victim girl and A1 are leading their life happily.

4.The learned counsel appearing for the petitioner would further submit that the issue arises in the present quash petition is no longer res-integra in view of the decision rendered in Crl.OP.No.9691 of 2022 and also the decisions of the Apex Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [2017 9 SCC 641] and The State of Madhya Pradesh Vs. Dhruv Gurjar and Another [2019 2 MLJ Crl. 10], 5. The learned counsel appearing for the petitioner would further submit that a memo of compromise has also been filed by the petitioner and the 2^nd respondent, ie., victim girl, on 9^th January, 2022 and the same was duly signed by the parties and their respective counsels. Accordingly, he prays for allowing the petition.

6. The learned Government Advocate (Crl.Side) appearing for the State has not disputed the facts submitted by the learned counsel for the petitioner.

7. Heard the learned counsel on either side and perused the materials available on record.

8. Since when the very same issue came up for consideration before this Court, in Crl.OP.No.9691 of 2022, this Court, after following the decisions rendered by this Court in Sabari Vs. Inspector of Police reported in 2019 (3) MLJ Crl. 110, in Crl.OP.No.232 of 2021 (Vijayalakshmi and Another Vs.State represented by the Inspector of Police, All Women Police Station, Erode and Another) dated

27.01.2021, and the guidelines issued by the Apex Court in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [2017 9 SCC 641] and The State of Madhya Pradesh Vs. Dhruv Gurjar and Another [2019 2 MLJ Crl. 10], quashed the criminal proceedings against the accused therein. Hence, following the said dec