R.Manojkumar v. State Rep By, Its, Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and CRL.MP.No.10816 of 2026 1.R.Manojkumar 2.Saraswathi 3.Thangapandi 4.Vanitha ..Petitioner(s) Vs 1.State Rep by its, Inspector of Police Anamalai P.S., Coimbatore District.
2.K.Saraswathi Expansion Officer, Block Development Officer, Anaimalai, Coimbatore District.
3.Sumithra ..Respondent(s) To call for the records relating to the Spl.CC.No.209 of 2024 on the file of the Additional Special Court for Trial of Cases under POCSO act, Coimbatore. For Petitioner(s):
Mr.A.V.Vignesh 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. 209 of 2024 for the offence under Sections 344, 155 r/w. 305 of IPC and 5(1), 5(j)(ii), 6 r/w. 16 r/w 17 of POSCO Act and 9 and 10 of Prohibition of Child Marriage Act, before the learned Additional Special Court for Trial of Cases under POCSO Act, Coimbatore, has filed this Criminal Original Petition.
2.The case of the prosecution is that the third respondent/victim was born on 09.07.2007. When the first petitioner visited Tiruppur for his work purpose, a relationship developed between him and the victim, which later turns into a love affair. Subsequently, on 03.09.2023, they got married in the presence of the petitioners 2 to 4. On the same night, they had sexual intercourse. Thereafter, when the victim insisted for a separate matrimonial home, a dispute arose between them. Later, the victim consumed cow dung powder and the first petitioner immediately admitted her in a Private Hospital and thereafter shifted to a Government Hospital. Based on the statement of the victim, an FIR was registered. Upon completion of the investigation, a final report was filed and the same has been taken on file in Spl.CC.No.209 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 girl child, currently aged about one year. Therefore the victim is not inclined to proceed the criminal proceedings against the petitioners, who are her in-laws 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 girl 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 victim and their girl baby 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 first petitioner and the 3rd respondent/victim are living as husband and wife and they are blessed with a girl baby. 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 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. 209 of 2024 pending on the file of the Additional Special Court for Trial of Cases under POCSO Act, Coimbatore, is hereby quashed. Consequently, connected miscellaneous petition is closed. 9.The affidavit and the Joint Compromise Memo filed by the petitioners and the 3rd respondent/victim for compromising the offences shall form part of the records.
25-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To 1.The Additional Special Court for Trial of Cases under POCSO act, Coimbatore 2.The Inspector of Police Anamalai P.S., Coimbatore District.
3.The Public Prosecutor, High Court, Madras.
M.NIRMAL KUMAR, J.
PVS 25-06-2026