CRL.R.C.No.979 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.No.979 of 2019

and Crl.M.P.No.13746 of 2019

1.J.Vijaykumari

2.A.Jesuraj

... Petitioners

Vs.

1.The State rep. by its

The Inspector of Police,

Arumbavoor Police Station,

Perambalur District.

2.S.VimalJo

3.Arokkiya Mery

4.Sepasthian

... Respondents

[R2 to R4 impleaded vide

order dated 12.10.2022 made

in Crl.M.P.No.14696 of 2019]

Prayer: Criminal Revision case has been filed under Section 397 r/w 401

of Cr.P.C to set-aside the order passed by the Mahila Court (Sessions

Judge) Perambalur in Crl.M.P.No.209 of 2019 in Spl.S.C.No.20 of 2018

dated 10.05.2019.

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CRL.R.C.No.979 of 2019

For Petitioners

: Mr.E.C.Ramesh

For Respondents

For R1

: Mr.A.Gopinath

Government Advocate (Crl. Side)

For R2 to 4 : Mr.P.Mani

ORDER

This Criminal Revision case has been filed to set-aside the order

passed by the Mahila Court (Sessions Judge) Perambalur, in

Crl.M.P.No.209 of 2019 in Spl.S.C.No.20 of 2018 dated 10.05.2019.

2. The Revision has been filed against the order passed by the

Mahila Court (Sessions Judge), Perambalur, in Crl.M.P.No.209 of 2019 in

Spl.S.C.No.20 of 2018 dated 10.05.2019, thereby dismissing the petition

filed by the respondent herein to split up the case for the offence under

Section 317(2) Cr.P.C.

3. It is seen that there are totally five accused in this case in which

the petitioners are arrayed as A4 and A5. The petitioners' daughter was

married to the first accused. The second and third accused are parents of

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CRL.R.C.No.979 of 2019

the first accused and it was an arranged marriage. After marriage, the

deceased committed suicide and at the time of committing suicide she was

a minor. Therefore, the accused one to five were charged for the offence

under Sections 498(A) and 305 IPC and Section 5(1) of the Protection of

Children from Sexual Offence Act, 2012 and Section 9 and 10 of

Prevention of Child Marriage Act.

4. Pending trial, the first respondent filed a petition under Section

317(2) Cr.P.C to split the case against the accused persons namely the

petitioners herein and to proceed with the trial. However, it was dismissed

on the ground that the accused one to three are facing charges for the

offence under Sections 498A and 305 IPC and Section 5(1) r/w 6, 16 r/w

17 of POCSO Act, 2012, and also offence under Sections 9 and 10 of the

Prevention of Child Marriage Act. Therefore, the trial Court rightly

dismissed the petition and this Court, finds no infirmity or illegality in the

order passed by the Court below.

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CRL.R.C.No.979 of 2019

5. However, the learned counsel for the petitioners would submit

that as against the accused one to three, there is clinching evidence to

prosecute them for the offence under Sections 498A and 305 IPC and

Section 5(1) r/w 6, 16 r/w 17 of POCSO Act, 2012, and also offence under

Sections 9 and 10 of the Prevention of Child Marriage Act. Therefore,

their evidence may be considered at the time of trial. That apart, the

learned Government Advocate (Crl. Side) appearing for the first

respondent would submit that the trial had already commenced and LW1

to 4 were examined as PW1 to 4 before the trial Court.

6. With the above observation, this Criminal Revision case stands

dismissed. The petitioner is permitted to let in evidence before the trial

Court in the manner known to law. Consequently, connected miscellaneous

petition is closed.

12.10.2022

(2/2)

Index: Yes/No

Speaking/Non-Speaking order

ata

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CRL.R.C.No.979 of 2019

G.K.ILANTHIRAIYAN, J

ata

To

The Mahila Court (Sessions Judge),

Perambalur.

Crl.R.C.No.979 of 2019

12.10.2022

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