Baskar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Tirunelveli
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN Baskar ... Petitioner Vs.
1.The State of Tamil Nadu rep. by The Inspector of Police, Tirunelveli All Women Police Station, Tirunelveli District.
(Crime No.53 of 2024) 2.Chinnathai 3.xxxxxxxxx ... 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.91 of 2025 on the file of the learned Sessions Judge, Mahila Court, Tirunelveli in connection with Crime No.53 of 2024 on the file of the first respondent police and quash the same. For Petitioner : Mr.S.Veerapandiselvaraj For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) Page No. 1 of 8
For R2 : Mr.B.Deepak *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the final report in Spl.C.C.No.91 of 2025 on the file of the learned Sessions Judge, Mahila Court, Tirunelveli, filed against the petitioner for offences punishable under Section 9 of the Prohibition of Child Marriage Act, 2006 and 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 and married her in a temple when she was a minor, without informing her elders; that thereafter, the second respondent/defacto complainant, the mother of the victim girl, came to know of the marriage; and that subsequently, the petitioner sexually assaulted her on several occasions, resulting in her becoming pregnant, and thus committed the aforesaid offences.
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3. The learned counsel for the petitioner and the learned counsel for the second respondent/defacto complainant would submit that the petitioner had a love affair with the victim girl, whose date of birth is 20.04.2007; that she has now attained majority; and that the petitioner and the victim girl got legally married on 28.08.2025, and subsequently registered their marriage on 25.09.2025. The marriage certificate has been produced before this Court.
4. The petitioner, namely, Baskar [Aadhaar No.6990 6169 8626], and the second respondent/defacto complainant [Aadhaar No.3366 9300 9026] and the third respondent/victim girl are present before this Court in person. The second respondent/defacto complainant, i.e., the mother of the victim girl and the third respondent/victim girl confirm that the petitioner and the victim girl got legally married. They are identified by M/s.G.Sakunshala, Women Head Constable, Rural All Women Police Station, Tirunelveli. The parties have also filed a joint compromise memo dated 12.09.2025. 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, 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. Page No. 6 of 8
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.91 of 2025 on the file of the learned Sessions Judge, Mahila Court, Tirunelveli, is quashed.
7. In the result, this Criminal Original Petition is allowed. 15.10.2025 JEN Index: Yes/ No Copy To:
1.The Sessions Judge, Mahila Court, Tirunelveli.
2.The Inspector of Police, Tirunelveli All Women Police Station, Tirunelveli 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