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Madras High CourtCRL OP(MD)/16184/2025allowed

Perumal, v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Dindigul

2025-09-24Honourable Mr Justice Sunder Mohan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16184 of 2025 and Crl.M.P.(MD).Nos.13228 and 13232 of 2025

1. Perumal

2. Krishnamoorthi

3. Eswari

4. Saminathan

5. Mariyammal ... 1 to 5 Petitioners / 1 to 5 Accused Vs.

1.The State of Tamilnadu Represented by Inspector of Police, All Women Police Station, Dindigul District, (Crime No. 8/2025). ... 1st Respondent / Complainant

2. Umarani ... 2nd Respondent/ Defacto Complainant

3. xxxx ... 3rd Respondent / Victim 1/9

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to quash the charge sheet filed against the petitioners in Spl.SC.No.99 of 2025 pending on the file of the learned Fast Track Mahila Court, Dindigul, Dindigul District.

For Petitioner : Mr.S.Sarvagan Prabhu For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : M/s.P.Saranya

ORDER

This petition has been filed to quash the impugned Charge Sheet filed in Spl.SC.No.99 of 2025 pending on the file of the learned Fast Track Mahila Court, Dindigul, Dindigul District, for the offences punishable under Section 9, 10 of the Prohibition of Child Marriage Act, 2006 and Sections 5(l), 5(n), 5(j) (ii), 6(1), 6, 17 of the POCSO Act, 2012.

2. The allegation against the petitioners is that the first petitioner is the paternal uncle of the victim girl, petitioners 2 and 3 are parents of the first petitioner and the petitioners 4 and 5 are parents of the victim; that the petitioners 2 to 5 had arranged the marriage between the first petitioner and the victim, when the victim was aged about 17 years; that on 09.06.2024, the marriage took place; that thereafter, the first petitioner had sexual intercourse with the victim, as a result of which, the victim became pregnant and thus, 2/9

committed the aforesaid offences. The prosecution was initiated on the complaint given by the Extension Officer, Dindigul Union, Dindigul.

3. The learned counsel for the petitioners 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 02.07.2007; that now she attained majority; and that the petitioner and the victim got married and consequently registered the marriage on 13.07.2025 under the Hindu Marriage Act. The marriage certificate has been produced before this Court.

4. The victim girl is present before this Court in person and identified by M/s.A.Devi, Woman Special Sub-Inspector, Town All Women Police Station, Dindigul. The victim girl confirms her marriage with the petitioner and states that a child is also born out of the wedlock. The parties have filed a joint compromise memo, dated 24.09.2025 and 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 this nature, where the victim, after attaining majority has married the first 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 Spl.SC.No.99 of 2025 pending on the file of the learned Fast Track Mahila Court, Dindigul, Dindigul District is quashed.

7. In the result, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 7/9

To 1.The Inspector of Police, All Women Police Station, Dindigul District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.16184 of 2025 24.09.2025 9/9