The court recognized that mutual consent and individual circumstance may warrant quashing of proceedings for non-compoundable offenses involving personal relationships.

PRAYER This Criminal Original Petition is filed under Section 528 of BNSS to call for the records in Spl.CC.No.39 of 2023 on the file of the Mahalir Neethimandram (Fast Track Mahila Court), at Udhagamandalam, the Nilgiris District and to quash the same.

For Petitioner(s): Mr.P.Pugalenthi For Respondent(s): Mr.K.M.D.Muhilan, Additional Public Prosecutor For R1 R2 appeared in person

ORDER

This Criminal Original Petition has been filed to call for the records in Spl.CC.No.39 of 2023 on the file of the Mahalir Neethimandram (Fast Track Mahila Court), at Udhagamandalam, the Nilgiris District and to quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent-Police and perused the materials available on record.

3. The case of the prosecution is that the victim girl is the wife of the first accused. The second and third accused are the parents of the victim girl. The foUrth accused is the mother of the first accused. All of them belonged to Thoda Community. As per Tribal custom, both the families agreed to marry the victim girl who was aged about 17 years to the first accused, pursuant to the same, the first accused sexually assaulted the victim, due to which, the victim girl got pregnant. Later, both the victim girl and the first accused got married on

15.01.2023.

4. Mrs.S.Revathi, WPC, AWPS, Gudalur, Nilgiris District was present before this Court and she informed this Court that the defacto complainant had approached her and informed her that since the victim girl and the first petitioner got married, having a child and living together happily, she do not want to proceed further with the criminal proceedings against the petitioners.

5. The petitioners and the victim girl along with her child were also present before this Court at the time of hearing. This Court examined the victim girl and she stated that marriage between the victim girl and the first petitioner was solemnized on 15.01.2023 and now they are living happily as husband and wife and that she is not willing to undergo this agony any further and wanted the criminal proceedings to be quashed.

6. The learned Additional Public Prosecutor appearing on behalf of the first respondent submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.

7. It is relevant to note that the victim and the first accused are belong to the Tribal Community/Thoda community. It is common that the marriage at the young age even below 18 years is prevailing among such Tribes. This case came to be registered only after the baby was born to the victim in the hospital. Though the Child Marriage Act clearly attracts this case, the fact remains that the marriage has been solemnized by the elders. Now the victim is aged about

20 years. She is blessed with female baby now she is of two years old. Though the offence committed by the petitioner is against law and both the victim and the accused are married with the blessing of the elders and their family members. The case came to be registered only when the child was born to the victim girl in the hospital and now both of them are blessed with a female child. Though the offences are serious in nature, since the victim and the first accused got married and they are living as husband and wife and the same cannot be considered as crime as against this societ