Naveen Kumar v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2026 CORAM :
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.No.19625 of 2025 Naveen Kumar .. Petitioner
Versus
1. The State Rep By The Inspector of Police, All Women Police Station, Katpadi, Vellore District.
(Crime No.25 of 2024)
2. Authirai, Social Welfare Officer, Panchayath Union, K.V.Kuppam Taluk, Vellore District.
3. XXXXX (Minor)
4. XXXXX (Father of the victim)
5. XXXXX (Mother of the victim) .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the entire records in pursuant to the final report in Spl.S.C.No.102 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district and quash the same. 1/7
For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side), for R1
ORDER
The petitioner / accused facing trial in Spl.S.C.No.102 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district for the offences punishable under Sections 5(i), 5(j)(ii), and 6(1) of the POCSO Act read with Section 9 of the Prohibition of Child Marriage Act and Section 87 of the BNS, has filed this quash petition.
2. The contention of the petitioners / accused is that a complaint was lodged by the Social Welfare Wfficer when the minor victim was taken for medical treatment during her pregnancy. Consequently, an FIR was registered in Crime No.25 of 2024 for offences punishable under Sections 5(i), 5(j)(ii), and 6(1) of the POCSO Act read with Section 9 of the Prohibition of Child Marriage Act and Section 87 of the BNS. The matter culminated in a final report and is currently pending trial in Spl.S.C.No.102 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore. However, the petitioner submits that 2/7
the victim is his uncle's daughter, and the two were in a consensual romantic relationship. When their families initially refused their union, they eloped and married at Murugan Temple on 07.07.2024, a marriage which both families subsequently accepted. After attaining majority, the couple has legally registered their marriage on 24.04.2026. They are currently residing together peacefully as husband and wife and have been blessed with a male child born on 19.05.2025. The petitioner is gainfully employed, serving as the sole breadwinner and is taking good care of his wife and child with utmost love and affection. Continuing the trial would only cause undue hardship to their peaceful family life. The parties have entered into this compromise voluntarily without any coercion, Hence, praying for quashing the case on the ground of compromise.
3. The learned Counsel for Government of Tamil Nadu (Crl. Side) for the first respondent submitted that based on the complaint given by the second respondent, F.I.R in Crime No.25 of 2024 has been registered and investigation has been completed and charge sheet has been filed in Spl.S.C.No.102 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district for the offences punishable under Sections 5(i), 5(j)(ii), and 6(1) of the 3/7
POCSO Act read with Section 9 of the Prohibition of Child Marriage Act and Section 87 of the BNS. He further submitted that now the case is at the stage of pending trial. In the meantime, both the petitioner and the respondent Nos.3 to 5 arrived at a compromise and settled the issues between them.
4. Considering the submissions made by the parties and on perusal of entire materials, it is seen that the case is pending trial. At this stage and also by passage of time, the parties have decided to bury their hatchet and decided to compromise the dispute amicably among themselves.
5. Today, the petitioner and the respondent Nos.3 to 5 are present before this Court and their identity is confirmed by the first respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The parties have filed a joint compromise memo to that effect duly signed by both of them.
6. Under such circumstances, no useful purpose will be served in 4/7
keeping Spl.S.C.No.102 of 2025 pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641 - (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjarth and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes Spl.S.C.No.102 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district.
7. Accordingly, this Criminal Original Petition stands allowed and consequently, C.C.No.146 of 2016 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district, is quashed. Consequently, connected miscellaneous petition is closed. 12.06.2026 Index : yes/no Speaking order/Non-speaking order : yes/no grs 5/7
To
1. The Special Court for Exclusive Trial of Cases under POCSO Act, Vellore, Vellore district.
2. The Public Prosecutor, High Court of Madras.
3. The Inspector of Police, All Women Police Station, Katpadi, Vellore District.
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M.NIRMAL KUMAR, J.
grs and Crl.M.P.No.19625 of 2025 12.06.2026 7/7