Madras High CourtCRL OP/23509/2025dismissed

Jepastin v. The State Represented By

2025-09-18Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.23509 of 2025 and Crl.M.P.Nos.16043 and 16044 of 2025 Jepastin ... Petitioner Vs.

1. The State represented by Inspector of Police AWPS-Gobichettipalayam Erode Crime No.10 of 2022

2. Deepa Childline Team Member Childline 1098, Erode

3. (Redacted) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records relating to Spl.S.C.No.92 of 2022 on the file of the learned Sessions Judge, Fast Track Mahila Court, Erode and quash the same.

For Petitioner : Mr.S.Parthasarathy For first Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition has been filed to quash the final report filed against the petitioner in Spl.S.C.No.92 of 2022 on the file of the learned Sessions Judge, Fast Track Mahila Court, Erode on the basis of compromise.

2. The petitioner and the respondents 2 and 3 appeared before this Court.

3. According to the prosecution the petitioner married to the victim child/3rd respondent who was aged about 15 years at the time of occurrence and also had sexual intercourse with her due to which, the victim child became pregnant. Hence, a case was registered against the petitioner in Crime No.10 of 2022 and after completion of investigation, final report has been filed before Sessions Judge, Fast Track Mahila Court, Erode for the offences under Sections 366(A) of IPC, 5(l), 5(j)(ii) and 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act. Now the present petition is filed to quash the same on the basis of compromise entered into between the parties.

4. Considering the nature of allegation, this Court is not inclined to quash the proceedings. Let the trial Court decide the issue taking note of the entire circumstances including the child born to the victim. 2/4

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petitions are closed. 18.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Sessions Judge, Fast Track Mahila Court, Erode.

2. The Inspector of Police AWPS-Gobichettipalayam Erode

3. The Public Prosecutor High Court of Madras, Chennai 3/4

N. SATHISH KUMAR , J.

ksa-2 18.09.2025 4/4