E SARAVANAN ALIAS SARAVANAKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioner is an accused for offences punishable under Sections 363 and 366 IPC with reference to Crime No,54 of 2005 on the file of the respondent police and, on conclusion of the investigation, final report was filed and PR No,5 of 2008 has been taken on file by the Judicial Magistrate, Omalur under such circumstances, the present petition has been filed to quash the proceedings pending before the trial court.

(2.) LEARNED counsel for the petitioner submits that the petitioner fell in love with the daughter of the defacto complainant and the girl voluntarily left the residence of her parents and ultimately, marriage was also performed, however, since the petitioner belongs to a different community and the marriage was performed without the consent of the parents of the girl, her father lodged the complaint. After registration of the case, with the consent of the parents of the girl, a formal marriage was formed and out of the wedlock, a child was born. In such circumstances, according to the learned counsel, even though the offences are non-compoundable, taking note of the fact that the couples are presently leading a congenial marital life with a child, the prayer sought for may be granted.

(3.) CRIMINAL Original Petition is ordered accordingly. Connected Miscellaneous Petitions are closed.