Madras High CourtCRL OP/15942/2026allowed

Guru v. State By, The Inspector Of Police,

2026-06-25Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Guru ..Petitioner(s) Vs 1.State by, The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

Cr.No.347 of 2021.

2.Chithra 3.Sumithra ..Respondent(s) To call for the records in Spl.C.C.No.163/2023 on the file of learned Sessions Judge, Special Court for Exclusive Trial of Cases under Pocso Act, Chengalpattu insofar as these petitioner is concerned and quash the same and pass such order or other orders.

For Petitioner(s):

Mr.S.Sasikumar For Respondent(s):

Mr.R.Rajasekaran, G.A.(Crl. Side), for R1

ORDER

The petitioner/accused, who is facing trial in Spl.C.C.No.163 of 2023 for the offence under Sections 376(3), 376(2)(n), 506(ii), and 354D of IPC and

Sections 4(2) and 6(1) of POCSO Act, before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpattu, has filed this Criminal Original Petition.

2.The case of the prosecution is that the petitioner and the third respondent/victim girl were in a relationship. The petitioner had sexual intercourse with her on the promise of marriage and subsequently failed to marry her. It is further alleged that the petitioner abandoned the victim after she became pregnant. Based on the complaint of the second respondent, an FIR was registered. Upon completion of the investigation, a final report was filed and the same has been taken on file in Spl.C.C.No.163 of 2023.

3. The learned counsel for the petitioner submitted that the victim now attained majority and she has married the petitioner. Their marriage was duly registered before the Sub Registrar, Cheyyar on 25.03.2026. They are now living together as husband and wife and leading the matrimonial life happily and peacefully. Therefore the de facto complainant 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 the victim has now attained majority and married the petitioner. The petitioner and the victim are living together as husband and wife happily.

5. Heard the learned counsels appearing on either side and perused the materials available on record.

6. Today, the petitioner, victim and de facto complainant 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. 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.C.C.No.163 of 2023 pending on the file of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpattu, 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, Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpattu 2.The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

Cr.No.347 of 2021.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

PVS 25-06-2026