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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Madhankumar – Appellant
Versus
State Rep. by The Inspector of Police, AWPS-Sathyamangalam Police Station, Erode District – Respondent
| Table of Content |
|---|
| 1. prosecution alleges enticement, child marriage, pregnancy. (Para 2) |
| 2. consensual love marriage, same community, near majority. (Para 3 , 4) |
| 3. victim near majority, happy family with child observed. (Para 6) |
| 4. precedent protects established family life realities. (Para 7) |
| 5. proceedings quashed, petitioner discharged. (Para 8) |
ORDER
The petitioner, who is facing trial in Spl.S.C.No.181 of 2025 for offence under Sections 5(l), 5(j)(ii) and 6 of Protection of Child from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 9 of the Prohibition of Child Marriage Act, 2006, had filed this quash petition.
2.The case of the prosecution is that the accused attended the victim girl’s house warming ceremony about four years ago, during which he allegedly enticed her by expressing that she was beautiful, professing his love for her, and stating his intention to marry her. Subsequently, the petitioner and the victim were in a relationship for the past three years. On 05.10.2023, the accused took the victim girl to the Bannari Amman Temple at Sathyamangalam, where he tied a thali and thereafter lived with her as husband and wife, during which period she became pregnant. O
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