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Madras High CourtCRL OP/15228/2026allowed

Arunkumar v. State Rep.By

2026-06-18Honourable Mr Justice M. Nirmal Kumar11 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Arunkumar

2. Arumugam

3. Anjali

4. Ilayapallavan

5. Jayanthi ..Petitioner(s) Vs

1. State rep. by Inspector of Police, AWPS - Cheyyar, Tiruvannamalai District.

Cr.No.36 of 2025.

2. xxxxxx ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the records relating to Special SC.No.49 of 2026 pending on the file of Session Judge, Magalir Neethi Mandram, Tiruvannamalai in connection with Cr.No.36 of 2025 on the file of the 1st respondent police and quash the same.

For Petitioner(s):

Mr.V.R.Appaswamee For Respondent(s):

Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) for R1 Mr.G.Sai Narayana Vasan for R2

ORDER

The petitioners/accused, facing trial in Spl.S.C.No.49 of 2026 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai, for the offences under Sections 5(n), 5(l), 5(j)(ii), 6(1) & 17 of Prevention of Children from Sexual Offences (POCSO) Act, 2012, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, Sections 64(2)(m) and 64(2)(f) of BNS, have filed the present quash petition. 2.The case of the prosecution is that the 1st petitioner is the uncle of the victim girl. The petitioners 2 and 3 are the parents of the 1st petitioner. The petitioners 4 and 5 are the parents of the victim girl. On 08.11.2024, the petitioners 1 to 5 took the victim girl, aged about 17 years at the time of occurrence, to the Temple and the 1st petitioner tied a thali around the neck of the victim girl and married her. In continuance thereto, on the same day, the victim girl was taken to the house of the 1st petitioner, wherein, the 1st petitioner committed penetrative sexual assault on the victim girl. Even thereafter, the 1st

petitioner committed penetrative sexual assault on the victim girl on various occasions, which led to the pregnancy of the victim girl. Hence, the 1st respondent registered a case as against the petitioners 1 to 5 in Crime No.36 of 2025. After investigation, the Police filed a final report as against the petitioners for the offences under Sections 5(n), 5(l), 5(j)(ii), 6(1) & 17 of Prevention of Children from Sexual Offences (POCSO) Act, 2012, Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, Sections 64(2)(m) and 64(2) (f) of BNS, which was taken on file in Spl.S.C.No.49 of 2026 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai. 3.Now, the case is at the stage of trial.

During the pendency of the criminal proceedings, the parties have arrived at an amicable settlement, considering their peaceful matrimonial life and future prospects. The 2nd respondent / victim girl has agreed to withdraw the case pending in Spl.S.C.No.49 of 2026. It is submitted that the 1st petitioner and the victim girl are living together as husband and wife and they are blessed with a male child on 15.09.2025. Therefore, the petitioner/accused has filed the present quash petition accompanied with a joint memo of compromise filed by the petitioners and the 2nd respondent / de facto complainant.

4.Learned Government Counsel (Criminal Side) appearing for the 1st respondent Police submitted that the victim girl has now attained majority and on enquiry, it was found that the 1st petitioner and the victim girl are now

happily living as husband and wife and they are blessed with a male child on 15.09.2025. To confirm the same, the Birth Certificate of the child is produced before this Court.

5.Today, the petitioners (A1 to A5) and the 2nd respondent / victim girl appeared before this Court and they are identified by Mrs.S.Gayathri, Women Police Constable 900 Grade-II, AWPS, Cheyyar. The 1st petitioner and the victim girl appeared along with the male child born to them. In support of the joint memo of compromise, the de facto complainant reiterated that she is not willing to prosecute the petitioners any further with a view to lead a peaceful life.

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.49 of 2026 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai, is hereby quashed against the petitioners.

18-06-2026 Index: Yes/No Speaking/Non-speaking order MKN To 1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Thiruvannamalai.

2.The Inspector of Police, AWPS - Cheyyar, Tiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

MKN 18-06-2026