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Madras High CourtCRL OP(MD)/21552/2025allowed

Andikalai v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Manaparai

2025-11-28Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.21552 of 2025 Andikalai ... Petitioner/Sole Accused Vs.

1.The State of Tamilnadu rep. by, The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

Crime No.15 of 2025 ... 1st Respondent/Complainant 2.Sathiyapriya ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records relating to quash the proceedings in Spl.S.C.No.138 of 2025 on the file of the learned Sessions Judge, Mahila Court, Trichirappalli. For Petitioners : M/s.T.Madhubala For R-1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R-2 : Mr.S.Manoj Kumar 1/6

ORDER

The petitioner seeks to quash the impugned charge sheet in Spl.S.C.No.138 of 2025 on the file of the learned Sessions Judge, Mahila Court, Trichirappalli, which was filed for the offences under Section 9 of Prohibition of Child Marriage Act, 2006 and Section 5(n), 5(I), 5(j)(ii), 6(1) of the Protection of Child from Sexual Offences Act, 2012.

2. The case of the prosecution is that the petitioner and the victim were in love with each other; that on 23.05.2024, the petitioner married the victim before she attained majority and thereafter, had sexual intercourse with her, when she was aged about 17 years, as a result of which, the victim became pregnant; and thus committed the aforesaid offences. The prosecution was initiated on the information given by the Child Welfare Committee, Trichy.

3. The learned counsel for the petitioner and the learned counsel for the second respondent/victim would submit that the petitioner had a love affair with the victim, whose Date of Birth is 29.08.2007; that now she attained majority; and that the petitioner and the victim got married and consequently registered the marriage on 14.11.2025 under the Tamil Nadu Registration of 2/6

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.A.Gnana Boundhari, All Women Police Station, Manapparai. 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 26.11.2025.

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 3/6

would be served by continuing the prosecution. Accordingly, the impugned charge sheet in Spl.S.C.No.138 of 2025 on the file of the learned Sessions Judge, Mahila Court, Trichirappalli, is quashed and the Criminal Original Petition stands allowed. The joint compromise memo dated 26.11.2025 shall form part of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the Mediation and Conciliation Centre attached to this Bench forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

7. In the result, this Criminal Original Petition is allowed. 28.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 4/6

1.The learned Sessions Judge, Mahila Court, Trichirappalli 2.The Inspector of Police, All Women Police Station, Manapparai, Trichy District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.21552 of 2025 28.11.2025 6/6