Mosa Pithelis Vibin v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) No.14279 of 2025 Mosa Pithelis Vibin ... Petitioner Vs.
1.State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Thoothukudi District, Tamil Nadu.
2.xxxxx ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records pertaining to Spl.C.C.No.101 of 2025 on the file of the learned District and Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Tuticorin and quash the same as illegal as far as the petitioner is concerned.
For Petitioner : Mr.S.Vishnu Kanth For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.G.Marichamy Page No. 1 of 8
O R D E R
This Criminal Original Petition has been filed seeking to quash the final report in Spl.C.C.No.101 of 2025 on the file of the learned District and Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Tuticorin, filed against the petitioner for offences punishable under Sections 5(l), 5(j)(ii) & 6 of the Protection of Children from Sexual Offences Act, 2012.
2. The allegation in the final report is that the petitioner had a love affair with the victim girl; that, knowing the victim girl to be a minor, the petitioner sexually assaulted her on several occasions, resulting in her becoming pregnant, and thereby committed the aforesaid offences.
3. The learned counsel for the petitioner and the learned counsel for the second respondent/defacto complainant-cum-victim girl would submit that the petitioner had a love affair with the victim girl, whose date of birth is 12.01.2007; that she has now attained majority; and that the petitioner and the victim girl got married on 03.03.2025, and subsequently registered their marriage on 03.06.2025. The marriage certificate has been produced before this Court.
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4. The petitioner, namely, Mosa Pithelis Vibin and the second respondent/defacto complainant-cum-victim girl are present before this Court in person. The second respondent/defacto complainant-cum-victim girl confirms that the petitioner has married her. They are identified by M/s.M.Jeya Seeliannathai, Special Sub-Inspector of Police, All Women Police Station, Thoothukudi. The parties have also filed a joint compromise memo dated 15.10.2025. A 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, Page No. 5 of 8
held that in a case of this nature, where the victim, after attaining majority, has married the accused and their marriage has also been registered, no useful purpose would be served in continuing the prosecution, and that it would cause undue hardship to all the parties concerned.
6. Considering the fact that the petitioner has married the victim girl, who has now attained majority, and that the marriage has been registered, and in view of the aforesaid observations 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 in continuing the prosecution. Accordingly, the impugned final report in Spl.C.C.No.101 of 2025 on the file of the learned District and Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Tuticorin, is quashed.
7. In the result, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. 15.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Page No. 6 of 8
Copy To:
1.The District and Sessions Judge, Special Court for Exclusive Trial of POCSO Act cases, Tuticorin.
2.The Inspector of Police, All Women Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN , J.
JEN 15.10.2025 Page No. 8 of 8