Narasimman v. The State Rep.By, He Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR 1.Narasimman 2.Suryaprakash 3.Ajith @ Santhamoorthy 4.Sathyaprasath 5.Rajammal ..Petitioner(s) Vs 1.The State Rep.by, The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.
2.Vijayakumar 3.Kavitha 4.xxxxx D/o. Vijayakumar ..Respondent(s) To call for the records in Spl.S.C.No.59 of 2024 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri.
For Petitioner(s):
M/s.S.Sengkodi For Respondent(s):
Mr.R.Rajasekaran, G.A.(Crl. Side), for R1
ORDER
The petitioners/accused, who are facing trial in Spl.S.C.No.59 of 2024 for the offence under Sections 363, 366, 366(A) of IPC and 5(1), 5(q), 5(j)(ii), r/w. 6(1), 16, 17 of POSCO Amended Act and Section 9 of Prohibition of Child
Marriage Act, before the learned Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri, have filed this Criminal Original Petition. 2.The case of the prosecution is that the petitioners 2 to 4/A2 to A4 are cousins of the first petitioner/A1 and fifth petitioner/A5 is the mother of A2 to A4. On 05.10.2020 at about 11.00 p.m., the accused A1 to A3 kidnapped the fourth respondent/victim girl, when she came out of her house. Thereafter, the first petitioner/A1, took took the victim girl to the house of A4 and A5 at Bangalore. Subsequently, the first petitioner had sexual intercourse with her repeatedly. 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.S.C.No.59 of 2024.
3. The learned counsel for the petitioners submitted that the first 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 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. Therefore the victim is not inclined to proceed the criminal proceedings against the petitioners 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 now she has attained majority and has given birth to a boy child. The first petitioner and the victim are living together as husband and wife happily along with their child.
5. Heard the learned counsels appearing on either side and perused the materials available on record.
6. Today, the petitioners, the de facto complainant, the victim and their boy baby appeared before this Court, their identity is confirmed by the respondent Police
7. During interaction, the fourth respondent/victim informed that she attained majority, both the petitioner and the fourth respondent/victim are living as husband and wife and they are blessed with a boy baby. The fourth 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 noncompoundable, 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.59 of 2024 pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri, is hereby quashed.
9.The affidavit and the Joint Compromise Memo filed by the petitioners and the second respondent for compromising the offences shall form part of the records.
25-06-2026 Index: Yes/No Speaking/Non-speaking order PVS
To 1.The Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri 2.The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court, Madras
M.NIRMAL KUMAR, J.
PVS 25-06-2026