R.Dhavamurugan @ Dhavam v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.09.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL.O.P.(MD). No.15114 of 2025 and Crl.M.P.(MD)Nos.12263 & 12265 of 2025 R.Dhavamurugan @ Dhavam, ... Petitioner Vs.

1. The State of Tamil Nadu,, Rep. by the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(In Crime No.54/2020).

2. Ramu ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the Charge Sheet in Spl.SC.No.36 of 2020 on the file of the Learned Fast Track Mahila Court, Ramanathapuram District and quash the same as illegal so far as this petitioner is concerned.

For Petitioner : Ms.R.Sangeetha For R-1 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner has sought for quashing of the impugned final report in Spl.SC.No.36 of 2020 on the file of the Fast Track Mahila Court, 1/8

Ramanathapuram District, for the offences under Section 366 I.P.C and Sections 5(l) and 6 of POCSO Act.

2. The allegation against the petitioner is that the petitioner and the victim, who was minor at the time of occurrence, had seduced the victim girl and took her out of her parent's house and forcibly had sexual intercourse with the victim. Hence, the father of the victim lodged a complaint against the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner and the victim girl had a love affair; that the victim girl born on 15.03.2004 after attaining majority, married the petitioner and the marriage was also registered. The learned counsel also produced the copy of the marriage certificate.

4. The learned counsel for the petitioner and the learned counsel for the defacto complainant/the second respondent would submit that the parties have now entered into a compromise and both the parties have agreed the impugned final report may be quashed.

5. The parties have also filed a joint compromise memo dated 5th September 2025. The scanned copy of the compromise memo reads as follows:

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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, who has now attained majority; 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 is of the view that no useful purpose would be served by continuing the prosecution. Accordingly, the impugned Final Report in in Spl.SC.No.36 of 2020 on the file of the Fast Track Mahila Court, Ramanathapuram District, is quashed.

7. In the result, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. 12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS 7/8

SUNDER MOHAN,J LS TO 1.The Fast Track Mahila Court, Ramanathapuram District

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

Crl.O.P(MD) No.15114 of 2025 12.09.2025 8/8