Maria Thomas v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15884 of 2025 and Crl.M.P.(MD).Nos.12968 & 12970 of 2025 1.Maria Thomas 2.Loordhu Antony 3.Irudhayaraj 4.Mariareeta ... Petitioners/Accused 1 to 4 Vs.
1.State of Tamil Nadu Rep. by, The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.
(Crime No.34/2024) ... Respondent No.1/Complainant 2.Selvakani, Govt. Official Non-Gazetted, Rural Welfare Department, Ambasamdram Panchayat Union, Tirunelveli District.
... Respondent No.2/Defacto Complainant 3.XXXXXXX ... Respondent No.3/Victim Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records pertaining to the charge sheet in Special C.C.No.22 of 2025 on the file of the Special Court for POCSO ACT cases, Tirunelveli and quash the same insofar as the petitioners are concerned. 1/7
For Petitioners : Mr.S.Surya For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-3 : Mr.A.Abdul Hameed
ORDER
This Criminal Original Petition has been filed to quash the impugned final report filed in Special C.C.No.22 of 2025 on the file of the Special Court for POCSO ACT cases, Tirunelveli for the offences under Section 5(l), 5(j)(ii), 6 of the POCSO Act, 2012 and Section 9 and 10 of Prohibition of Child Marriage Act, 2006.
2. The allegation against the petitioners is that the first petitioner seduced the victim and had sexual intercourse with her, when she was aged about 17 years, as a result of which, the victim became pregnant. The petitioners 2 to 4, after knowing the fact that the victim became pregnant, concealed the said fact and thus, committed the aforesaid offences. The prosecution was initiated on the complaint given by the Rural Welfare Officer, Ambasamudram.
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 22.06.2007; that now she attained majority; and that the first petitioner and the victim got married and consequently 2/7
registered the marriage on 09.10.2025 under the Tamil Nadu Registration of Marriage Act, 2009. 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.M.Arul Selvi, Woman Head Constable, All Women Police Station, Ambasamudram, Tirunelveli District. The victim girl confirms her marriage with the first petitioner and states that a child is also born out of the wedlock. The parties have filed a joint compromise memo, dated 11.09.2025 and the scanned copy of the compromise memo reads as follows: 3/7
4/7
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 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 first petitioner had married the victim girl, who has now attained majority and 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.C.C.No.22 of 2025 on the file of the Special Court for POCSO Act cases, Tirunelveli is quashed.
7. In the result, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 13.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 5/7
To 1.The Special Court for POCSO ACT cases, Tirunelveli.
2.The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
SUNDER MOHAN, J.
Lm Crl.O.P(MD).No.15884 of 2025 13.10.2025 7/7