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Madras High CourtCRL OP(MD)/7498/2026allowed

Subash v. The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Thoothukudi

2026-06-02Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026 CORAM :

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.7498 of 2026 and Crl.M.P.(MD).Nos.8086 & 8090 of 2026 Subash

...Petitioner/Accused

Vs

1. The State Of Tamilnadu Rep By The Inspector Of Police, AWPS-Thoothukudi, Thoothukkudi Thoothukudi District.

2. xxxxx xxxxx xxxxx Thoothukudi District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, To all for the records pertaining to the Impugned Charge Sheet in Spl.SC.No. 152 of 2025 dated 01.09.2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi and quash the same as illegal and to pass such further or other orders.

For Petitioner : M/s.P.Tamilarasu For Respondent No.1 : Mr.N.Balasubramanian Counsel for State of TN (crl.side) : M/s.Jamuna Rani - For R2 1/4

ORDER

The present petition has been filed by sole Accused in Spl.S.C.No.152 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi District, seeking to quash the charge sheet, wherein he is charged with the offences under Sections 5(I), 5(n), 5(j)(ii) and Section 6 of POCSO Act.

2. The date of birth of the victim girl is 10.01.2008, and she had attained majority on 10.01.2026. After attaining majority, she married the accused on 06.02.2026, and the marriage was duly registered before the Sub-Registrar Office, Pudukottai, on 29.05.2026.

3. Pending trial, the parties have entered into a compromise, wherein, the defacto complainant has agreed for quashing of the charge sheet.

4. The defacto complainant appeared in person before this Court on 27.04.2026 and acknowledged that she had agreed for the quashing of the charge sheet as against the petitioner.

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5. Considering the above said facts, charge sheet in Spl.S.C.No.152 of 2025, pending on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Thoothukudi is hereby quashed as against the petitioner /sole Accused.

6. Accordingly, this Criminal Original Petition stands allowed. The joint compromise memo shall form part and parcel of the order. Consequently, the connected miscellaneous petitions are closed. 02.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To:

1. The Judicial Magistrate, Nilakottai.

2.The Inspector Of Police, AWPS-Nilakottai Police Station, Dindigul District.

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

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R.VIJAYAKUMAR , J.

gvn Crl.OP.(MD)No.7498 of 2026 02.06.2026 4/4