A petition to quash criminal proceedings is generally not maintainable or granted once the trial has already commenced and the recording of evidence has begun.

PRAYER :

Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the entire records relating to Spl.S.C.No.69 of 2024 on the file of the Court of Special Judge for exclusive trial of offences under POCSO Act cases, Chennai and quash the same.

O R D E R

This Criminal Original petition is filed seeking to quash the proceedings in Spl.S.C.No.69 of 2024 on the file of the Court of Special Judge for exclusive trial of offences under POCSO Act cases, Chennai.

2.The case of the petitioner is that her marriage with the 2nd respondent/de facto complainant was solemnized on 24.10.2007 and they were blessed with two children. Due to matrimonial disputes, the petitioner left the matrimonial home on 25.09.2022 along with her two children and initiated domestic violence proceedings in D.V.C.No.95 of 2022 before the XXIII Metropolitan Magistrate, Saidapet, Chennai. Subsequently, the 2nd respondent lodged a complaint against the petitioner, which was registered in Crime No.310 of 2022 for the offences punishable under Sections 294(b), 355, 323, and 506(ii) of the IPC read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act , currently pending as C.C.No.16202 of 2022.

3.As a counterblast, the petitioner lodged a complaint against the 2nd respondent and one Dr. Indira Priyadharshini, which is pending in S.T.C.No.5425 of 2024 and the said proceeding has been stayed in Crl.R.C.No.1303 of 2024. Furthermore, the petitioner, who is the mother of the victim girl, was arrested in connection with Crime No.310 of 2022 on 29.10.2022. Aggrieved by the DVC proceedings and the Habeas Corpus Petition for custody, the 2nd respondent filed the present complaint under the POCSO Act, which is pending as Spl.S.C.No.69 of 2024. Therefore, the petitioner has filed the instant Criminal Original Petition to quash the said proceedings.

4.When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent submitted that the trial has already commenced and that the chief examination of P.W.1 is over, and part of the cross-examination by the accused is also completed and the case is currently posted to 07.02.2026 for the continuation of cross-examination.

5.In view of the fact that the trial has already commenced, this Court finds no reason to interdict the proceedings. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed.