Poovasaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Poovasaran ..Petitioner(s) Vs

1. The Inspector of Police Nagapattinam All Women Police Station Nagapattinam District.

Cr.No.5/2024

2. xxx ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records and quash the further proceedings in Spl.S.C.No.79 of 2024 pending on the file of the Learned Sessions Judge, Special Court under POCSO Act, Nagapattinam. For Petitioner(s):

Mr.P.Muthamizhselvakumar For Respondent(s):

Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) for R1

ORDER

The petitioner/accused, facing trial in Spl.S.C.No.79 of 2024 on the file of the Special Court under POCSO Act, Nagapattinam, for the offences under Sections 6 and 5(l) of Prevention of Children from Sexual Offences (POCSO) Act, 2012 and Section 67-A of Information Technology Act, 2000, has filed the present quash petition.

2.The case of the prosecution is that the petitioner and the victim girl, who was studying 9th Std., were in love affair with each other. When the victim girl was studying 12th Std., the petitioner, on the premise that he has bought a Diwali dress for her, took the victim girl to a lonely place and committed penetrative sexual assault on her. Thereafter, by intimidating the victim girl by showing the videos of the victim girl with him, the petitioner took the victim girl to Greenpark Residency at Velankanni and committed penetrative sexual assault on the victim girl. On the complaint lodged by the victim girl, the 1st respondent Police registered a case in Crime No.5 of 2024. After investigation, a charge sheet was filed as against the petitioner for the offences under Sections 6 and 5(l) of Prevention of Children from Sexual Offences (POCSO) Act, 2012 and Section 67-A of Information Technology Act, 2000, which was taken on file in Spl.S.C.No.79 of 2024 on the file of the Special Court under POCSO Act, Nagapattinam.

3.Learned counsel for the petitioner submitted that the parties have now arrived at a compromise and they have amicably settled the issues among themselves. Hence, he prayed for quashing of the proceedings. 4.The learned Government Counsel (Criminal Side) appearing for the 1st respondent Police submitted that the victim girl is now a major and she has now got married to another person. To confirm the same, the Marriage Certificate of the victim girl with another person, is produced before this Court. 5.Today, the petitioner/accused and victim girl have appeared before this Court and they are identified by Mrs.G.Sella, Women Head Constable 1253, AWPS, Nagapattinam. The victim girl submitted before this Court that the statements given by her under Section 164(5) Cr.P.C.

making sexual allegations on the petitioner were given only for the purpose of improving the case and she was forced to give such statements. To confirm the same, she has also filed an affidavit to that effect. Further, she states that she got married to another person on 09.07.2025 and she is happily living with him. Hence, she is not willing to prosecute the petitioner any further.

6.The joint memo of compromise filed, dated 07.04.2025, is hereunder :

7.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 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 individual lives 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. 8.Accordingly, this Criminal Original Petition is allowed and as a sequel, the case in Spl.S.C.No.79 of 2024 on the file of the Special Court under POCSO Act, Nagapattinam, is hereby quashed against the petitioner. 18-06-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Sessions Judge, Special Court under POCSO Act, Nagapattinam.

2.The Inspector of Police Nagapattinam All Women Police Station Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

MKN 18-06-2026