Sathish kumar Vs The State Rep by.

Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records in connection with Spl.S.C.No.114 of 2025 on the file of the Learned Sessions Judge, Mahila

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Court, Perambalur and Quash the same on the ground of compromise.

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For Petitioner(s): Mr.M.Vijaya Ragavan For Respondent(s): Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) for R1

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 15001 of 2026

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ORDER

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The petitioner/sole accused, facing trial in Spl.S.C.No.114 of 2025 on the file of the Sessions Court (Mahila Court), Perambalur, for the offences under Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 5(l) r/w. Section 6 of Prevention of Children from Sexual Offences (POCSO) Act, 2012, has filed the present quash petition.

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2.The case of the prosecution is that, on 06.11.2023, the de facto complainant, who is the mother of the victim girl, approached the 1^st respondent Police Station stating that her daughter, aged about 17 years, studying B.Sc., Physics, went to College at about 08.00 a.m., but did not return home. Based on the complaint, the 1^st respondent Police registered a case in Crime No.837 of 2023 for “Girl Missing”. After investigation, it was found that, on 06.11.2023, when the victim girl was returning from her College, the petitioner/accused approached her and insisted her to marry him, failing which, he would commit suicide. On such threat, the petitioner took the victim girl to his house and tied a thali around her neck and committed penetrative sexual assault on her. Thereafter, he committed penetrative sexual assault on her on multiple occasions between 06.11.2023 and 07.11.2023. Hence, the 1^st respondent filed a charge sheet as against the petitioner for the offences under Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 5(l) r/w. Section 6 of

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CRL OP No. 15001 of 2026

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Prevention of Children from Sexual Offences (POCSO) Act, 2012, which culminated into Spl.S.C.No.114 of 2025 on the file of the Sessions Court (Mahila Court), Perambalur.

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3.Learned counsel for the petitioner submitted that the petitioner and the victim girl were in love with each other and that the victim girl has now attained majority and the petitioner and the victim girl got married on 15.02.2025 and they are living happily and they have begotten a male child, who is now aged about 6 months. He would further submit that, continuation of this criminal proceedings will create great hardships to their matrimonial life and hence, to serve the ends of justice, he prays for quashing of the proceedings as against the petitioner.

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4.Learned Government Counsel (Criminal Side) appearing for the 1^st respondent Police submitted that, at the time of occurrence, the victim girl was only 17 years old. However, he submits that the 1^st respondent Police have enquired and found that the petitioner and the victim girl have got married and are living together happily and they have a male child aged about 6 months.

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5.Now, both the parties have decided to give a quietus to the issue and thereby, have filed a joint compromise memo, dated 06.04.2026, which is scanned and reproduced hereunder :

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CRL OP No. 15001 of 2026

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CRL OP No. 15001 of 2026

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CRL OP No. 15001 of 2026

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CRL OP No. 15001 of 2026

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6.Today, both the petitioner and the victim girl are present before this Court along with the male child born to them. They are identified by Mr.A.Gandhi, HC-467, Perambalur Police Station, Perambalur District. On enquiry, the victim girl stated that she attained majority and she married the petitioner and they are now living happily as husband and wife and they are blessed with a male child born on 22.09.2025. In support thereof, the Birth Certificate of the child is produced before this Court. She further states that she is not inclined to proceed with the case and ready to withdraw the case.

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7.The Apex Court in the case of K.Dhandapani vs. State by the Inspector

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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 accused as well as the victim. This case involves the future of two young persons and quashing the same will in fact pave way for the accused as well as the victim to settle down in their life and look for better future prospects. No useful purpose will be served in continuing with the criminal proceedings and keeping these proceedings pending will only swell the mental agony of the accused and the victim girl and their families as well. 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 and is therefore, inclined to quash the same.

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CRL OP No. 15001 of 2026

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8.Accordingly, this Criminal Original Petition is allowed and as a sequel,

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the case in Spl.S.C.No.114 of 2025 on the file of the Sessions Court (Mahila

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Court), Perambalur, is hereby quashed against the petitioner.