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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
S. Karthikeyan – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. overview of facts involving relationship and criminal charges. (Para 1 , 2 , 3 , 4) |
| 2. judicial recognition of settled family status for quashing proceedings. (Para 5 , 6 , 7 , 8) |
| 3. final order quashing criminal proceedings. (Para 9) |
ORDER
The petitioner/accused, who is facing trial in Spl SC No.49 of 2021 in Cr.No.81 of 2021 pending on the file of the Session Judge, Mahila Court at Cuddalore, for offence under Sections 366 of IPC, Section 6, 5 (1), 5(j) (ii), 5 (n) of Protection of Child from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Section 9 of Prohibition of Child Marriage Act, 2006, had filed this quash petition.
2. The case of the prosecution is that the victim girl and the petitioner got married on 13.06.2021 as per the Hindu rites and customs and registered their marriage on 28.04.2022. Due to the matrimonial relationship, both the petitioner and the victim girl blessed with a girl baby on 02.07.2021 and subsequently another girl baby on 30.01.2024. Upon the complaint of the victim’s father that his daughter went missing a case in Crime No.81 of 2021 was registered by the respondent Police.
3. The contention of the petitioner is that the petitioner
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