K.Selvin v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16166 of 2025 K.Selvin ... Petitioner/1st Accused Vs.
1.The State Represented by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.
(In Crime No.25 of 2021). ...1st Respondent / Complainant 2.Serin Malar ... 2nd Respondent/ Defacto Complainant 3.xxxxxxxx ... 3rd Respondent/Victim-PW2 Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned charge sheet in Spl.S.C.No.25 of 2022 pending on the file of the Special Court for Exclusive Trial of POCSO Act Cases, Nagercoil, Kanyakumari District and quash the same. For Petitioner : Mr.L.George Paul Anto For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mr.U.Muneeskumar 1/8
ORDER
The petitioner seeks to quash the impugned charge sheet in Spl.S.C.No. 25 of 2022 pending on the file of the learned Special Court for Exclusive Trial of POCSO Act Cases, Nagercoil, Kanyakumari District, which was filed for the offences under Sections 366, 506(ii), 323 of IPC and Sections 5(l), 5(n), 6(1), 17, 11(4), 12 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006.
2. The allegation against the petitioners is that the first petitioner with help of the second petitioner kidnapped the victim girl, married her and had sexual intercourse with her, when she was aged about 15 years and thus, committed the aforesaid offences. The prosecution was initiated on the complaint given by the Social Welfare Officer, Nagercoil.
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 25.01.2006; that now she attained majority; and that the petitioner and the victim got married and consequently registered the marriage on 15.02.2025. The marriage certificate has been produced before this Court.
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4. The victim girl is present before this Court in person and identified by M/s.M.V.Sankaraladha, Women Special Sub Inspector, All Women Police Station, Nagercoil. 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 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.S.C.No.25 of 2022 on the file of the Special Court for Exclusive Trial of POCSO Act Cases, Nagercoil, Kanyakumari District.
7. In the result, this Criminal Original Petition is allowed. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 6/8
To
1. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari 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.16166 of 2025 24.09.2025 8/8