S.Duraipandi v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.7875 of 2025 and Crl.M.P(MD) No.5903 of 2025 S.Duraipandi ... Petitioner/Sole Accused Vs.
1.The State through The Inspector of Police, All Women Police Station, Oddanchatram, Dindigul District.
2. The Legal cum Probation Officer, District Child Protection Unit, Dindigul District.
3. C.Thulasimani ... Respondents (R3 is impleaded as per order dated 03.09.2025 in Crl.M.P.(MD).No.11777/25 in Crl.OP(MD).No.7875/25 by SMJ) Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for records pertaining to the Spl.SC.No.64 of 2024 pending on the file of the learned Fast Track Mahila Court, Dindigul and quash the same as against the petitioner.
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For Petitioner : Mr. N.Kamesh For R-1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R3 : Mr.P.Pandiarajan
ORDER
This petition has been filed to quash the impugned Charge Sheet filed in Special S.C.No.64 of 2024 on the file of the Fast Track Mahila Court, Dindigul for the offences punishable under Section 9 of Child Marriage Act r/w.Sections 5(l), 5(n), 5(j)(ii) and 6 of the POCSO Act, 2012.
2. The allegation against the petitioner is that the petitioner induced the victim and had sexual intercourse with her, when she was aged about 17 years, as a result of which, the victim became pregnant, and thus, committed the aforesaid offences. The FIR was lodged by the Legal cum Probation Officer, District Child Protection Unit, Dindigul.
3. The learned counsel for the petitioner and the learned counsel for the third respondent/victim would submit that the petitioner had a love affair with the victim, whose Date of Birth is 15.06.2006; that now she has become a major; and that the petitioner and the victim got married and subsequently registered the marriage on 06.09.2025 under the Hindu Marriage Act. The marriage certificate has been produced before this Court. 2/9
4. Mrs.J.Sahayarani, Women Head Constable-1414, Oddanchatram AWPS, Dindigul, is present before this Court in person and confirms that the petitioner and the victim girl got married and a female child is also born out of the wedlock. The parties have filed a joint compromise memo, dated 30.04.2025 and the scanned copy of the compromise memo reads as follows: 3/9
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5. The Hon'ble Supreme Court in the case of Mahesh Mukund Patel Vs. State of U.P. And Others reported in 2025 SCC Online SC 614 had held that in a case of nature, where the victim, after attaining majority has married the accused and their marriage is also registered, no useful purpose would be served by continuing the prosecution and that it would cause undue hardship to all the parties concerned.
6. Considering the fact that the petitioner had married the victim girl, the marriage has been registered and in view of the aforesaid observation made by the Hon'ble Supreme Court in Mahesh Mukund's case cited supra, this Court 7/9
is of the view that no useful purpose would be served by continuing the prosecution. Accordingly, the impugned Final Report in Spl.S.C.No.64 of 2024 on the file of the Fast Track Mahila Court, Dindigul is quashed.
7. In the result, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.
23.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn To 1.The Fast Track Mahila Court, Dindigul.
2. The Inspector of Police, All Women Police Station, Oddanchatram, Dindigul District.
3. The Legal cum Probation Officer, District Child Protection Unit, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
gvn Crl.O.P(MD).No.7875 of 2025 23.09.2025 9/9