Quash child marriage proceedings considering near-majority, family harmony, and subsequent child birth.

ORDER

The petitioners/A1 to A6, who are facing trial in Spl.S.C. No.99 of 2025 on the file of the Special Court for exclusive trial of cases under POCSO Act, Cuddalore, had filed this quash petition.

2. The case of the prosecution is that on 21.04.2024, between 6:00 a.m. and 7:30 a.m., at Avingudi Shiva Temple, the petitioners jointly conspired and conducted the marriage of the victim minor girl, Sathiyapriya, who was aged about 17 years at the time. Based on information received from the Social Welfare Department, an inquiry was initiated, leading to the registration of a case in Crime No. 94 of 2024 for offences under Sections 9, 10, and 11 of the Prohibition of Child Marriage Act, 2006, and Sections 5(l), 5(j)(ii), 6, 5(n), and 17 of the Protection of Children from Sexual Offences Act, 2012, read with Section 344 of the Indian Penal Code. During the course of investigation, it was revealed that petitioners 4 and 5 are the parents of the victim girl, Sathiyapriya, who had studied up to the 12^th standard at NLC Higher Secondary School, Mandharakuppam, Neyveli-2, in Cuddalore District. Her date of birth is 01.01.2007. Petitioners 2 and 3 are her grandfather and grandmother respectively, while the first petitioner is her husband. Petitioners 2 to 5 are close relatives, and the sixth petitioner is the owner of the marriage hall where the marriage was allegedly conducted. Subsequently, due to ill health, the victim visited the Government Hospital at Tittakudi, where, upon medical examination, it was confirmed that she was approximately four months pregnant. Based on these findings, the complaint was registered against the petitioners. An FIR was thereafter lodged and after examining witnesses LW1 to LW18 and collecting relevant documents, a charge sheet was filed in this case.

3. The contention of the petitioners is that they belong to the same community and, as per their caste customs, marriages are performed after the girl attains puberty. According to them, the marriage was attended by villagers and close relatives, and a male child was born on 17.01.2025 out of the wedlock. No villager or member of the public lodged any complaint regarding a forcible child marriage. The victim was only a few months short of attaining majority. The victim’s parents are uneducated. The victim and the first petitioner/A1 are living as husband and wife, and it is the first petitioner who is taking care of the victim. Even after registration of the case, they continue to live together as husband and wife, and they have also filed affidavits and a Joint Compromise Memo to that effect.

4. The learned Government Advocate (Crl.Side) submitted that the de facto complainant/Welfare Officer, Nallur Panchayat Union received information that the first petitioner had married the victim, who was a minor aged about 17 years. The fourth and fifth petitioners (parents of the victim) and the second and third petitioners (parents of A1) performed the child marriage at Avingudi Shiva Temple on 21.04.2024. The child marriage was confirmed by the statement of LW2 (the victim), who also confirmed her date of birth and the marriage. L.W.3 to L.W.5 are neighbours, all of whom confirmed the marriage. LW10, the Headmistress, issued the school certificate confirming the victim’s date of birth as 01.01.2007. LW14 includes a Grade-I Police Constable and a Woman Police Constable who escorted the first petitioner and the victim for a DNA test. LW11 is the Doctor who treated the victim, and LW18 is the Investigating Officer who conducted the investigation and filed the charge sheet.

5.The learned Government Advocate fairly submitted