IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 15.04.2009 Coram:- The Hon'ble Mr. Justice R.REGUPATHI Crl.O.P. No.4199 of 2009 & MP Nos.1 and 2 of 2009 E.Saravanan @ Saravanakumar ... Petitioner/Accused-I vs. The State Rep. by Sub Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District. ... Respondent/Complainant Petition under Section 482 of the Code of Criminal Procedure to call for the records and quash the charge sheet in PR No.5 of 2008 (Crime No.54 of 2005) on the file of Judicial Magistrate, Omalur Taluk, Salem District. For petitioner : Mr.M.Elango For respondent : Mr.A.Saravanan, Government Advocate. O R D E R 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, https://hcservices.ecourts.gov.in/hcservices/ 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. Learned Government Advocate submits that after competition of the investigation and filing of final report, the petitioner married the defacto complainant's daughter on 18.01.2006 and out of the wedlock, the couple begot a child. This aspect was subsequently informed to the respondent police and the father of the girl, who originally lodged the complaint against the petitioner, had given a petition for withdrawal of the same on the ground that it was false and further, a report in that regard had already been forwarded to the court of the Magistrate, but, since the offences are non- compoundable, the trial court declined to consider the request. 4. Heard the learned counsel appearing on either side and perused the materials available on record. Though the offences are non-compoundable, in view of the reason that the girl married the petitioner/accused with the recognition of her parents and since the defacto complainant/father of the girl has also withdrawn the complaint and now, out of the wedlock, the couple begot a child, though the penal provisions registered are non-compoundable in nature, it is but proper that the proceeding before the trial court in PR No.5 of 2008 on the file of Judicial Magistrate, Omalur, as against the petitioner herein are quashed. 5. Criminal Original Petition is ordered accordingly. Connected Miscellaneous Petitions are closed. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. JI. To 1. Judicial Magistrate, Omalur Taluk, Salem. 2. -Do-Through The Chief Judicial Magistrate, Salem. https://hcservices.ecourts.gov.in/hcservices/ 3. The Sub Inspector of Police, Omalur Police Station, Omalur Taluk, Salem District. 4. The Public Prosecutor, Madras. Crl.O.P. No.4199 of 2009 SR {CO} TP/22.4.2009. https://hcservices.ecourts.gov.in/hcservices/