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DR.JUSTICE G.JAYACHANDRAN posco case quashed

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:04.04.2024
Coram
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Criminal Original Petition No.8025 of 2024
Balaji@ Panai Balaji .. Petitioner
/versus/
State Rep.by
Inspector of Police,
W-24 Teynampet Police Station,
in Crime No.838 of 2018 .. Respondent
Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records in Spl.S.C.No.50 of 2022 on the file of the Mahila Court and quash the said proceedings in Spl.S.C.No.50 of 2022 on the file of the Mahila Court, Allikulam, Chennai-3.
For Petitioner :Mr.J.William Shakesphere
For Respondent :Mr.K.M.D.Muhilan,

Government Advocate (Crl.Side)

O R D E R
A 16 years old girl having eloped with 21 years boy an Auto Driver. The mother has filed a complaint reporting missing of her daughter which were turned to be a kidnapping case and based on the complaint, a case was registered inn Crime No.838/2018 for the offences under Section Girl Missing @ 366(A) and 6 of POCSO Act and final report was filed, which has been taken on file as Spl.S.C.No.50 of 2022 by the Mahila Court, Allikulam, Chennai. The trial has commenced. The victim girl was examined as PW-2. The defacto complainant, who is the mother of the victim girl was examined as PW-1. Both of them are turned hostile. The victim girl has said that on her own wish and love, she married the accused and now they are living as husband and wife and a female child was born to them on 24.07.2020.

  1. Under such circumstances, the present petition is filed to quash the case in Spl.S.C.No.50 of 2022 in the interest of justice. It is the case of Romeo and Juliet, which ended successfully in marriage and the enlargement of the family by the birth of a child. The judicial system has to deal with the strict compliance of law to be enforced in this case or with humanitarian reasons, it has to be dealt with. Unfortunately, POCSO Act is silent. That silence in fact laded under which eventually have caused in life of a young couple forced by physical attraction to commit the crime, which prescribes capital punishment.
  2. 2024 (2) MWN (Cr.) 316
  3. IN THE HIGH COURT OF MADRAS
  4. Balaji @ Panai Balaji Vs. State, rep. by Inspector of Police
  5. Victim girl, aged 16 years and Accused, aged 21 years in love with each other – Both Victim/PW2 and her mother/PW1 turned hostile -Victim, on her own wish, married Accused and given birth to a female child -A case of Romeo & Juliet which ended successfully in marriage and enlargement of family – To be dealt with humanitarian reasons, though POCSO Act is silent in this regard – Inherent power under Section 482 meant for cases of this nature – Prosecution against Accused/Husband quashed to meet ends of justice.
  6. DR.JUSTICE G.JAYACHANDRAN.DR.JUSTICE G.JAYACHANDRAN
  7. For the above said reasons, this Criminal Original Petition is allowed and the case in Spl.S.C.No.50 of 2022 on the file of the Mahila Court, Allikulam, Chennai is hereby quashed.
    04.04.2024
    Index:yes/no
    Speaking order/non speaking order
    Neutral citation:yes/no ari
    To:
    1.The Mahila Court, Allikulam, Chennai-3.
    2.Inspector of Police,W-24 Teynampet Police Station,
    DR.G.JAYACHANDRAN,J.
    ari Crl.O.P.No.8025 of 2024
    04.04.2024

2024 (2) MWN (Cr.) 316
IN THE HIGH COURT OF MADRAS
Balaji @ Panai Balaji Vs. State, rep. by Inspector of Police

Victim girl, aged 16 years and Accused, aged 21 years in love with each other – Both Victim/PW2 and her mother/PW1 turned hostile -Victim, on her own wish, married Accused and given birth to a female child -A case of Romeo & Juliet which ended successfully in marriage and enlargement of family – To be dealt with humanitarian reasons, though POCSO Act is silent in this regard – Inherent power under Section 482 meant for cases of this nature – Prosecution against Accused/Husband quashed to meet ends of justice.

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