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Madras High CourtCRL OP/15450/2026allowed

Xxxx v. The State Rep. By The Inspector Of Police

2026-06-18Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

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

1. The State Rep. by The Inspector of Police All Women Police Station, Vadapalani.

2. Krishnamoorthi ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records in Spl.S.C.No.68 of 2025 on the file of the learned Sessions Judge, (Magalir Neethimandram), Allikulam and quash the same.

For Petitioner(s):

M/s.Deepika Murali For Respondent(s):

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

ORDER

The victim girl in Spl.S.C.No.68 of 2025 on the file of the learned Sessions Judge (Magalir Neethimandram), Allikulam, filed for the offences under Sections 87 BNS, Section 9 of Child Marriage Act and Section 6 of

Prevention of Children from Sexual Offences (POCSO) Act, 2012, has filed the present quash petition.

2.The case of the prosecution is that the petitioner/victim girl, who was 17 years old, and the 2nd respondent/accused were in love with each other and the 2nd respondent/accused brought the petitioner/victim girl from her native town to Chennai on 05.04.2024 and tied thali around her neck in front of a Temple and married her. Thereafter, the accused took the victim girl to his house and committed penetrative sexual assault on her on several occasions, which led to the pregnancy of the victim girl and she delivered a girl child on 07.01.2025. On the complaint filed by the Extension Officer, Zone-10, Social Welfare, South Chennai, a case in Crime No.5 of 2024 came to be registered against the 2nd respondent.

After investigation, a charge was filed for the offences under Sections 87 BNS, Section 9 of Child Marriage Act and Section 6 of Prevention of Children from Sexual Offences (POCSO) Act, 2012, which was taken on file in Spl.S.C.No.68 of 2025 on the file of the learned Sessions Judge (Magalir Neethimandram), Allikulam. To quash the same, the victim girl has filed the present quash petition.

3.The parties have filed a joint memo of compromise, dated 06.04.2026, which is scanned and reproduced hereunder :

4.Learned counsel for the petitioner/victim girl submitted that the victim girl and the accused were in mutual consensual relationship and they had married and their marriage has been accepted by both families. Only when the victim girl went for pre-natal check up, upon disclosure of her age, a criminal case came to be registered as against the accused. Now, the victim has attained majority and they are living happily as husband wife along with a girl child born to them.

5.Today, the petitioner/victim girl and the 2nd respondent/accused appeared before this Court along with the girl child born to them on 07.01.2025. To confirm the same, the Birth Certificate of the child is produced before this Court. The petitioner/victim girl states that she has married the 2nd respondent/accused with consent and they are now happily leading their life. Hence, she prays for quashing of the charge sheet in view of their peaceful future.

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 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.

7.Accordingly, this Criminal Original Petition is allowed and as a sequel, the case in Spl.S.C.No.68 of 2025 on the file of the learned Sessions Judge (Magalir Neethimandram), Allikulam, is hereby quashed. 18-06-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Sessions Judge (Magalir Neethimandram), Allikulam.

2.The Inspector of Police All Women Police Station, Vadapalani.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

MKN 18-06-2026