(Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the entire records in connection with the charge sheet in Spl.S.C.No.117 of 2022 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai and quash the same.)

1. The petitioner/accused in Spl.S.C.No.117 of 2022 facing trial for the offence under Sections 5(j)(ii), 5(l) and 6(1) of Protection of Child from Sexual Offences Act (POCSO Act) and Sections 376(2)(n) and 376(3) of IPC filed this quash application.

2. The case of the prosecution is that the Child Welfare Officer, Tiruvannamalai lodged a complaint stating that the victim in this case is a minor tribal girl belonged to Jamunamarathur. 1½ years prior to the complaint, the victim and the petitioner who also belong to tribal community, both were in love relationship. Taking advantage of the minor girl, the petitioner promised that he would marry her and committed penetrative sexual assault on the victim on several occasions and the victim became pregnant. For medical treatment, the victim went to the Primary Health Centre, Jamunamarathur where she was found pregnant. On enquiry, the victim informed that from 2022 the petitioner committed penetrative sexual assault and he is the reason for her pregnancy. Information was sent to the Child Helpline and on 03.06.2022 the victim rescued from her house and kept in the reception Home for the Child Welfare Committee. Thereafter information was sent to the defacto complainant/Child Welfare Officer, who lodged a complaint. On her complaint, case registered, the statement of victim recorded, the victim was sent for medical examination and thereafter pregnancy was aborted. Thereafter the accused arrested, DNA test confirmed that the accused is the reason for victim's pregnancy and on completion of investigation, charge sheet filed before the Trial Court listing 23 witnesses.

3. The contention of the learned counsel for the petitioner is that the petitioner and the victim, both belong to Scheduled Tribe community which is not governed by Hindu Marriage Act. For the tribal people, the custom and usage gains primacy and they follow their custom. In this case, there was no difference of opinion between the petitioner and the victim, both were in love with each other for quite sometime and further, the parents of the petitioner and victim had no objection on their relationship. Both petitioner and victim had physical relationship and the victim not informed about her intimacy with the petitioner to her parents. When the victim's menstruation period skipped and she was feeling sick, she was taken to Primary Health Centre, Jamunamarathur where the Doctor found that the victim was pregnant for five months. Thereafter the victim came back and she was with her family members. Message sent from Primary Health Centre to the Child Welfare Officer who thereafter deputed two persons to conduct enquiry and on confirming the pregnancy, the Child Welfare Officer lodged a complaint. In this case, there is no complaint by the victim or her family members or any Villagers. The entire Jamunamarathur is a hill range and all natives are tribal people. Further, the Government placed restriction for outsiders to buy property or settle there to maintain the tribal people status and the demography of the land, only for official reasons people visit this hill range. Even after registration of the case and the petitioner being kept in Jail, still the victim resides along with the petitioner's family members and they are taking care of the victim's welfare and providing all support. The victim's parents not objected to the same and they approved the relationship of the victim with the petitioner's family. In support of the same, the victim and her mother filed a supporting affidavit confirming the relationship and their inclination not to proceed against the petitioner, otherwise it would cause irreparable damage and affect the well being of the victim and her future life.

4. The learned Additional Public Prosecutor strongly opposed the petitioner's contention and submitted that the Child Welfare Officer lodged a complaint on 07.06.2022, prior to it she received information on 03.06.2022 from the Primary Health Centre, Jamunamarathur informing the victim, on examination found pregnant and she was a minor. Thereafter LW11 and LW12, Child Helpline team members went to the victim's village, enquired the victim and her mother confirming the petitioner committing penetrative sexual assault, informed the defacto complainant who lodged a complaint and case registered. In this case, LW1 is the defacto complainant, LW2 is the victim, LW3 is the Paternal grandfather, LW4 is the father, LW5 is the mother, LW6 is the aunt of the victim, all confirmed the victim was pregnant and the reason for the pregnancy is the petitioner. LW7 and LW8 are the witnesses for observation mahazar and rough sketch. LW9 and LW10 are the witnesses for arrest and confession of the petitioner. LW13, Headmaster of the Government High School, Asanampattu Village, Vellore District, who confirms that the victim's date of birth as per the School records is 13.08.2009. LW14, Doctor who examined the victim on 01.06.2022. LW15, Doctor who examined the accused and issued potency certificate. LW16, another Doctor who examined the victim states about medical termination. The other witnesses are Police Personnel. On completion of investigation, charge sheet filed listing LW1 to LW23. He further submitted that the petitioner and the victim both belong to Malayali, a Scheduled tribe community. He also confirmed that in Jamunamarathur, Hill Range, the tribal people follow their own custom village of life and has primacy which is normally not disturbed.

5. The victim along with her family members and the petitioner along with his mother appeared before this Court. On interaction, it is confirmed that all belong to Scheduled Tribe Community, they have no educational background and they appeared to be true to their social status. The victim's mother when enquired with regard to the date of birth of the victim, she had stated that delivery took place in their village and there was no record for the victim's date of birth and it is usual in their tribe to take the children to school when they are grown up and it is School authorities who record the date of birth as per their convenience and requirements. She further confirmed that the victim is residing along with the petitioner's family, as per their tribal custom, it is for her daughter to stay with the petitioner's family and they are taking care of the victim, and the victim confirms the same and also expressed her happiness and willingness to continue her stay and relationship with the petitioner’s family. She further informed that several vehicles and government officials along with Police descended to their village, the victim was perplexed, not knowing what to do and gave parrot version as dictated previously and it was not out of her freewill and volition.

6. The Apex Court in the case of “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the petitioner as well as the victim. In view of the same, this Court finds that continuation of the proceedings will serve no purpose and it is only an abuse of process of law.

7. In view of the above, the Criminal Original Petition stands allowed and as a sequel, the case in Spl.S.C.No.117 of 2022 on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Tiruvannamalai is quashed against the petitioner and he is discharged from all charges.