JOTHIMANI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.15 of 2022 on the file of the Fast Track Mahila Court, Dharmapuri for the offences under Sec. 366, 449 and 376 [3] of IPC read with Ss. 4 [2], 5 [j] [ii][I][n] read with 6 of POCSO Act 2012 and Sec. 9 of Protection of Child Marriage Act, 2006.

(2.) The petitioner is the father of the victim girl. The petitioner and the second respondent are relatives. The allegations against the second respondent that he kidnapped the victim girl and married her and had physical relationship with her. Based on the statement given by the victim girl in the hospital, the present complaint has been registered and on completion of investigation, charge sheet has been filed.

(3.) The petitioner had stated in the affidavit that second respondent and his daughter got married and they are having a child and they are living together and they are having one male child out of their wedlock and the petitioner, who is the father of the victim girl has also accepted them and hence, submitted that the proceedings against second respondent may be quashed.