Crl.R.C.(MD)No.318 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.(MD)No.318 of 2022

& Crl.M.P(MD) No.4019 2022

Suriya @ Suriya Prakash

... Petitioner/Sole Accused

Vs

The State by

The Inspector of Police,

Swamimalai Police Station,

Thanjavur District.

(Crime No.120 of 2021)

... Respondent/Complainant

Prayer: This Criminal Revision Case filed under Section 397 r/w 401

Cr.P.C. to call for the records and set aside the order dated

28.02.2022 passed in Cr.M.P.No.481/2021 in Spl.S.C.No.08/2021 on the

file of the Learned Special Court for Exclusive Trail of Cases Under

POSCO Act, Thanjavur District.

For Petitioner

: Mr.C.Suresh Kannan

For Respondent

: Mrs.M.Aasha

Government Advocate

(Criminal Side)

O R D E R

This Criminal Revision Case has been filed challenging the

impugned order dated 28.02.2022 passed in Cr.M.P.No.481/2021 in

Spl.S.C.No.08/2021, by the learned Special Court for Exclusive

Trail of Cases Under POSCO Act, Thanjavur District, thereby,

dismissing the petition filed by the petitioner for discharge.

2.The petitioner is a sole accused in Spl.S.C.No.8 of 2021,

having been taken cognizance under Section 366 IPC, 6, 5(1), 11(4),

12 of POCSO Act and Section 9 of Prohibition of Child Marriage Act.

The case of the prosecution is that when the victim girl was staying

in her uncle’s house, the accused developed acquaintance with the

victim girl and enticed her and forcibly had sexual intercourse with

the victim girl. Thereby, on 05.02.2021, the petitioner pledged the

jewels of the victim and kidnapped her to Chennai and from there to

Coimbatore and stayed there. Again the accused forcibly had sexual

intercourse with the victim girl, several times.

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Crl.R.C.(MD)No.318 of 2022

3.The learned counsel for the petitioner submitted that before

the Court below, both the family members amicably settled their

issue and the petitioner is now ready and willing to marry the

victim, after attainment of her majority. However, the said request

was not considered by the Court below and dismissed the petition

filed for discharge.

4.Now also, the learned counsel for the petitioner would submit

that the family members of the petitioner and the victim's family

amicably settled the issue and they are ready to conduct marriage

between the victim and petitioner. Though, the petitioner is ready

and willing to marry the victim girl, it cannot be considered for

discharging him from the entire charges, since, admittedly when the

victim girl was minor, the petitioner kidnapped her and had sexual

intercourse with her on several times in the pretext of marriage.

However, considering the settlement between both the families and

the petitioner is ready and willing to marry the victim, the

petitioner and victim’s family are at liberty to file a quash

petition, on the ground of compromise, after registering the

marriage between the petitioner and the victim girl.

5.With this liberty, this Criminal Revision Case is dismissed.

Consequently, connected miscellaneous petition is closed.

Sd/-

Assistant Registrar (CS I)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

PNM

Note: In view of the present lock down owing to COVID-19

pandemic, a web copy of the order may be utilized for official

purposes, but, ensuring that the copy of the order that is presented

is the correct copy, shall be the responsibility of the

advocate/litigant concerned.

To

1.The Judge,

Special Court for Exclusive Trail of Cases Under POSCO Act,

Thanjavur Thanjavur District.

2.The Inspector of Police,

Swamimalai Police Station,

Thanjavur District.

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Crl.R.C.(MD)No.318 of 2022

3. The Additional Public Prosecutor,

Madurai Bench of Madras Hig