ORDER :

N. Anand Venkatesh, J.

1. This petition has been filed seeking to quash the proceedings pending in Special S.C. No. 24 of 2018 on the file of the learned Sessions Judge, Mahila Court (Fast Track Mahila Court) Erode.

2. This is a very peculiar petition that has been filed by the Defacto Complainant and the victim girl, jointly seeking for quashing the proceedings pending against the 2nd Respondent who is facing trial before the Court below for offences under Section 366 of the Indian Penal Code, 1806, Section 6 of the Prevention of Child from Sexual Offences, 2012 (hereinafter referred to as "POSCO Act" or "the Act") and Section 9 of the Prohibition of the Child Marriage Act, 2006.

3. It is seen from records that the 2nd Petitioner, victim girl, is well known to the second respondent, and they were in love with each other. Ultimately, they decided to get married and went away from their respective homes and a police complaint came to be filed before the 1st Respondent and the same has now resulted in criminal proceedings against the 2nd Respondent before the Court below.

4. Ms. Doulagh Nisha, Inspector of Police was present at the time of hearing through video conferencing and she informed this Court that the petitioners have approached her and informed her that they do not want to continue further with the criminal proceedings against the 2nd Respondent. It was informed to her that the 1st Petitioner wants her daughter to get married and that the same is getting delayed due to the criminal proceedings, thereby only causing more mental agony to the Petitioners.

5. The Defacto Complainant and the victim girl were also present at the time of hearing through video conferencing. This Court examined the victim girl and she stated that there was a love affair between herself and the 2nd Respondent and that she is not willing to undergo this agony any further and wanted the criminal proceedings to be quashed.

6. The victim girl was examined as PW2 before the Court below and her statement before the Court below is extracted herein under:

OTHER LANGUAGE

7. The father of the victim girl who was examined as PW1 also did not support the case of the prosecution and he was treated as a hostile witness.

8. The mother of the victim girl was also present at the time of hearing through video conferencing. She stated that let bygones be bygones, she wants her daughter to get married and settled in life. She further stated that she is not interested in pursuing the criminal proceedings any further and that same can be quashed by this Court.

9. The learned Additional Public Prosecutor appearing on behalf of the Respondent Police submitted that though the parties are entering into a compromise while the trial in this case is pending, this Court, taking into account the seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.

10. This Court is instantaneously reminded of an earlier order passed by a learned Single Judge of this Court, in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl. 110, wherein he had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted here under for proper appreciation:

"21. When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.

26. In addition to the above, this Court is of the view that 'warning' of attraction of POCSO Act must be displayed before screening of any f