B.Sudalaimani v. State Of Tamilnadu Rep By Inspector Of Police, Awps-(Rural) Tirunelveli
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2026
CORAM
THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR Crl. OP(MD).No.5378 of 2026 B.Sudalaimani ....Petitioner Vs 1.The State represented by The Inspector of Police All Women Police Station (Rural) Tirunelveli Tirunelveli 2.XXXXX ....Respondents Prayer:This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Spl.C.C.No.4 of 2026 on the file of the Special Court for exclusive trial of POCSO Act Cases, Tirunelveli Quash the same as against the petitioner concern. For Petitioner : Mr.N.Jaisingh For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 :Mr.M.Veeravelpandi for R2 1/4
ORDER
The present petition has been filed by the accused person in Spl.C.C.No.4 of 2026 on the file of the Special Court for Exclusive Trial of POCSO Act Cases, Tirunelveli seeking to quash the F.I.R wherein they are charged with the offences under Sections 296(b) and 115(2), BNS r/w 5(1), 5(n), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012. 2.The date of birth of the victim is 10.10.2007. She had attained majority on 10.10.2025. She married the defacto complainant on 20.02.2026 on attaining majority and the marriage has been registered before the Registrar of Marriages, Gangaikondan on 17.03.2026. 3.The defacto complainant was present before this Court and submitted that she had married the accused person on 17.03.2026 and she does not want to continue the prosecution. They have also filed a joint compromise memo wherein the defacto complainant has agreed for quashing the charge sheet as against the accused person. 4.Considering the fact that the defacto complainant had married the accused No.1 and they are living peaceful married life, continuation of 2/4
criminal prosecution as against the accused person should only be an abuse of process of law. Accused Nos.2 and 3 are the parents of the first accused. The charge sheet in Spl.C.C.No.4 of 2026 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Tirunelveli is hereby squashed. This Criminal Original Petition stands allowed. The joint compromise memo shall form part of this order.
30-03-2026 Internet : Yes/No Index : Yes/No NCC : Yes/No msa To 1.The Special Court for exclusive trial of POCSO Act Cases, Tirunelveli 2.The Inspector of Police All Women Police Station (Rural) Tirunelveli Tirunelveli 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai 3/4
R.VIJAYAKUMAR, J.
msa Crl. OP(MD).No.5378 of 2026 30.03.2026 4/4