Krishna @ Krishnan v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Krishna @ Krishnan ..Petitioner(s) Vs 1.State Rep. by The Inspector of Police All Women Police Statioin-Perambalur, Perambalur District.
Crime No.26 of 2023 2.Saratha Social Welfare Extension Officer, Panchayat Union, Perambalur.
3.Xxxx ..Respondent(s) To call for the entire records in Spl S.C. No.58 of 2023 on the file of the Learned Sessions Judge, Mahila Court, Perambalur and quash the same, on the ground of compromise and pass such further or other orders as this Honorable Court.
For Petitioner(s):
Mr.M.Vijaya Ragavan For Respondent(s):
Mr.R.Rajasekaran, G.A.(Crl. Side), for R1
ORDER
The petitioner/accused, who is facing trial in Spl S.C. No.58 of 2023 for the offence under Section 9 of Prohibition of Child Marriage Act, 2006 and Sections 5(1), 5(j)(ii) r/w. Section 6 of POCSO Act, before the learned Sessions Judge, Mahila Court, Perambalur, has filed this Criminal Original Petition on the ground of compromise.
2.The case of the prosecution is that the petitioner had a love affair with the victim girl, who was aged about 16 years at the time of the alleged incident. It is alleged that the petitioner performed a child marriage and committed penetrative sexual assault on several occasions, as a result of which the victim girl became pregnant. Subsequently, based on the complaint of the second respondent, who is a Social Welfare Extension Officer, an FIR was registered. Upon completion of the investigation, a final report was filed and the same has been taken on file in Spl S.C. No.58 of 2023.
3. The learned counsel for the petitioner submitted that the petitioner and the victim girl were in a love relationship. Though the victim was a minor at the time of the occurrence, now she attained majority. It is further submitted that she has married the petitioner and they are now living together as husband and wife and leading the matrimonial life happily and peacefully. Out of their wedlock, they are blessed with a male child, currently aged about two years. Therefore the victim is not inclined to proceed the criminal proceedings against the petitioner and prays for quashing of the criminal proceedings. In respect of the same, they filed a Joint Compromise Memo, which is scanned and reproduced hereunder:
4.The learned Govt. Advocate (Crl.side) appearing for the first respondent Police submitted that during the relevant period of the offense, the victim was a minor and her date of birth is 30.07.2006. Now, she has attained majority and has given birth to a male child. The petitioner and the victim are living together as husband and wife happily along with their male child.
5. Heard the learned counsels appearing on either side and perused the materials available on record.
6. Today, the petitioner, victim and their male baby appeared before this Court, their identity is confirmed by the respondent Police
7. During interaction, the 3rd respondent/victim informed that she attained majority, both the petitioner and the 3rd respondent/victim are living as husband and wife and they are blessed with a male baby. The 3rd respondent/victim further informed that she is not inclined to proceed with the case and filed an affidavit to that effect along with Joint Compromise Memo. Though the offences under POCSO Act are serious and generally non-compoundable, this Court must consider the subsequent events and ground realities to preserve the welfare of the victim and her child. In similar matrix, the Apex Court in K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056, 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. 8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the case in Spl.S.C. No.58 of 2023 pending on the file of the Sessions Judge, Mahila Court, Perambalur, is hereby quashed against the petitioner. Consequently, connected miscellaneous petition is closed. 9.The affidavit and the Joint Compromise Memo filed by the petitioners and the second respondent defacto complainant for compromising the offences shall form part of the records.
25-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To 1.The Sessions Judge, Mahila Court, Perambalur 2.The Inspector of Police All Women Police Statioin-Perambalur, Perambalur District.
Crime No.26 of 2023 3.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
PVS 25-06-2026