Muthuraj v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Tirunelveli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.4953 of 2026 Muthuraj

...Petitioner/Sole Accused

Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Tirunelveli.

Crime No.26/2025

2. Xxxx, Xxxx, Xxxx, Xxxx, Tirunelveli District.

...2nd Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records relating to the charge sheet in Spl.CC.No.203/2025 on the file of the Special Court for exclusive trial of cases under POCSO Act, Tirunelveli, and quash the same against the petitioner is concerned. For Petitioner : M/s.C.Venkatesh For Respondents : Mr.A.Albert James Government Advocate(crl.side) for R1 Mr.J.Gavinsilvester for R2 1/4

ORDER

The present petition has been filed by the sole accused in Spl.C.C.No.203 of 2025, on the file of the Special Court for exclusively trial of Cases, POCSO Act, Tirunelveli, wherein the petitioner has been charged with the offences under Section 87 of BNS, 2023, r/w Section 9 of the Prohibition of Child Marriage Act, 2006.

2. The petitioner has also been charged for the offences under Section 5(I), 5(j)(ii) and Section 6 of POCSO Act, 2012.

3. The petitioner is born on 08.06.2007. The alleged occurrence is said to have taken place on 05.12.2024. The victim had attained majority on 08.06.2025. Thereafter, she has got married to the accused person on 01.12.2025. The marriage has also been registered before the Marriage Registrar, Srivilliputhur, on 13.01.2026. A child is also born to them.

4. The victim girl is present before this Court and she submitted that she had married the accused person and a child is also born to them and they are leading a peaceful marital life and she requested for quashing of the charge sheet.

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5. Considering the above said facts, the charge sheet in Spl.CC.No.203 of 2025, on the file of the Special Court for exclusive trial of cases under POCSO Act, Tirunelveli, is hereby quashed.

6. Accordingly, this Criminal Original Petition stands allowed. The joint compromise memo shall form part and parcel of the order. 12.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The learned Judge, Special Court for exclusive trial of cases under POCSO Act, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Tirunelveli.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.4953 of 2026 12.03.2026 4/4