Sudhakar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.11.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.(MD). No.19882 of 2025 Sudhakar, ... Petitioner Vs.

1. The State of Tamilnadu, Rep. By, The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

Crime No.74 of 2023.

2. Subburaj,

3. Xxxxxxxxxxx, ... Respondents PRAYER :- This Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the Spl.S.C.No.81 of 2025 on the file of the Mahila Court, Thoothukudi and quash the same as illegal. For Petitioner : Mr.M..Prabu, For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) for R1 : Mr.M.Iniyavan for R3

ORDER

The petitioner seeks to quash the impugned final report filed for the offences under Section 363 IPC and Sections 7 & 8 of POCSO Act.

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2. The allegation in the final report is that the petitioner seduced the victim and had kissed her, when she was aged about 17 years and thus, the petitioner committed the aforesaid offences.

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 28.10.2006; that now she attained majority; and that the petitioner and the victim got married and consequently registered the marriage on 12.08.2025 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 Ms.M.,Ponnuthai, HC1802, Pasuvanthanai Police Station, Thoothukudi District. The victim girl confirms her marriage with the first petitioner. The parties have filed a joint compromise memo dated 11.11.2025.

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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 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 is hereby quashed. The joint compromise memo dated 11.11.2025, shall form part of the order.

7. In the result, this Criminal Original Petition is allowed. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as 3/5

costs to the Mediation and Conciliation Centre attached to this Bench and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

11.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS TO

1. The Mahila Court, Thoothukudi.

2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

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

4.The Officer in-charge, Mediation and Conciliation Centre Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN,J.

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