IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Sambath – Appellant
Versus
State rep. By The Inspector of Police, All Women Police Station, Bhavani, Erode District. – Respondent
Criminal Original Petition|Crime No.3 of 2021|Spl.S.C.No.39 of 2022
| Table of Content |
|---|
| 1. facts of minor's involvement and related offenses. (Para 2 , 3) |
| 2. arguments detailing victim's insistence and the context of the relationship. (Para 4 , 5) |
| 3. court's observations on the triviality of proceeding with the trial. (Para 6 , 7) |
| 4. final decision to quash the case based on family stability. (Para 8) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Sambath ... Petitioner vs.
1.State rep. By The Inspector of Police, All Women Police Station, Bhavani, Erode District.
Crime No.3 of 2021.
2.P.Loganathan
3.Kothaipriya ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023, to call for the records pertaining to the Spl.S.C.No.39 of 2022 on the file of the Sessions Court, Magalir Neethimandram (Fast Track Mahila Court) Erode and quash the same on the ground of compromise entered into between the petitioner and the 2nd respondent by allowing this Criminal Original Petition.
For Petitioner : Mr.R.Prabakar For R1 : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor For R2 & R3 : Mr.S.Ranjith Kumaran ORDER The petitioner/accused, who is facing trial in Special S.C.No.39 of
2022 for offence under Section 9 of Prohibition of Child Marriage Act , 2006 and Sections 5 (l), 6 & 5(j)(ii) of Protection of Children from Sexual Offences Act , 2012 and Section 366 IPC before the learned Sessions Judge, Fast Track Court Mahila Court, Salem, has filed this Criminal Original Petition on the ground of compromise.
2.Case of the prosecution is that at the time of occurrence, the victim/3rd respondent was studying 10th std in Bharathi Kalvi Nilayam, Higher Secondary School, Nasiyanur, Erode and her date of birth is 26.09.2005. The victim girl during the free time used to attend construction work as Helper, at that time, she became friendly with the petitioner, a Mason. Taking advantage of tender age of victim, the petitioner promised the victim to marry her and also forced her to come Salem. On 27.01.2021, the victim informed her grandmother that she was going to school to give the photostat copy of Aadhar card, on the other hand, the victim went to Salem and met the petitioner. From Salem, they had gone to Rayachoty, Kadapa District, Andhra Pradesh and stayed in the house of one Sanjeevan from 28.01.2021. On 29.01.2021, the victim was taken to nearby Anchaneyar Temple where the petitioner tied a Thali knowing well the victim was a minor and committed penetrative sexual assault on the victim on various dates. Due to this, the victim became pregnant and was admitted to Raviteja Nursing Home, Rayachoty, Kadapa District, Andhra Pradesh for delivery, at that time, as the victim was found minor, her father was informed about the victim admitted in the hospital. Thereafter, the 1st respondent Police had gone there, picked up the victim, arrested the petitioner and registered FIR.
3.On registration of FIR in Crime No.3 of 2021 for offence under Section 366 IPC and Sections 11(4) and 12 of Protection of Children from Sexual Offences Act , 2012, the 1st respondent Police examined the victim, her father and others including the Doctor who treated the victim and petitioner, Headmaster of Bharathi Kalvi Nilayam, Higher Secondary School, Nasiyanur, City Health Officer, Erode City Municipal Corporation who issued the Birth Certificate of the victim girl, produced the victim girl before the Magistrate, recorded 161(3) Cr.P.C statement, recorded the confession statement of the petitioner, prepared Observation Mahazar, Rough Sketch, collected the medical report of the victim girl and petitioner. The DNA report confirmed that the petitioner is the biological father of the female baby born to the victim. On conclusion of investigation, charge sheet filed before the trial Court and Special S.C.No.39 of 2022 assigned. Challenging the same, the present petition is filed on the ground of compromise.
4.Learned counsel for
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