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IN THE HIGH COURT OF JUDICATURE AT MADRAS
L. VICTORIA GOWRI, J
S.Ganeshkumar – Appellant
Versus
The State of Tamilnadu, Rep., by The Assistant Commissioner of Police, Dowry Prohibition Wing, Madurai City. – Respondent
| Table of Content |
|---|
| 1. filing of criminal original petition for quashing charge sheet. (Para 1 , 2) |
| 2. acknowledgment of marriage and compromise between parties. (Para 3 , 4) |
| 3. legal principles governing quashment based on compromise. (Para 5 , 6) |
| 4. assessment of case nature and gravity for quashment. (Para 8 , 9) |
| 5. decision to quash charge sheet and order compliance. (Para 11) |
ORDER
This Criminal Original Petition is filed under Section 482 CrPC /
Section 528 BNSS, seeking to quash the charge sheet in Spl.SC No.208 of 2021 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act , Madurai.
2. The gist of the allegations in the final report is that the petitioner and the fourth respondent were in contact when she was studying 8th standard. The petitioner took the victim to his house and had sexual relationship with her. On 22.07.2021, when the victim was taken to the Primary Health Centre, Karisalkulam, by the third respondent, who is her mother, it was found that she was four months pregnant. Hence a case in Crime No.34 of 2021 was registered for the offences under Sections 5 (1), 5(j)(ii) and 6 of POCSO Act and Section 3(1)(w)(i), 3(2)(v)
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