The Court emphasized the need for legislative amendments to address cases involving adolescents in relationships and highlighted the importance of considering individual circumstances and the impact on the parties involved when deciding to quash criminal proceedings.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to Spl.S.C.No.78 of 2021 on the file of the Mahila Fast Track Court, Thiruvallur for the offences punishable under Sections 363, 365, 344, 376 (2) (n) of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3 (a), 4 (2), 5 (1), 6 (1) of POCSO (Amendment) Act, 2019 and quash the same.)

1. This Criminal Original Petition has been filed to quash Spl.S.C.No.78 of 2021, on the file of the Mahila Fast Track Court, Thiruvallur, for the offences punishable under Sections 363, 365, 344, 376 (2) (n) of the Indian Penal Code and Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 3 (a), 4 (2), 5 (1), 6 (1) of POCSO (Amendment) Act, 2019.

2. The case of the prosecution is that the petitioner and the daughter of the second respondent were in love with each other. On 22/1/2020, the second respondent lodged a complaint under “Girl Missing” and the same was registered in Crime No.23 of 2020 and subsequently, the First Information Report was transferred to the first respondent Police. First respondent Police filed a final report and the same was taken on file in Spl.S.C.No.78 of 2021 on the file of the learned Mahila Fast Track Court, Thiruvallur.

3. Today, when the matter is taken up for hearing, victim girl and defacto complainant filed affidavits, dated 22/2/2022, before this Court to the effect that petitioner and the daughter of the defacto complainant married each other and living peacefully and happily with four months baby. The daughter of the second petitioner had attained majority. Hence the defacto complainant prays this Court to quash Spl.Case No.78 of 2021, pending on the file of the Mahila Fast Track Court, Thiruvallur.

4. Today, when the matter is taken up for hearing, petitioner, defacto Complainant and the victim girl were present before this Court, along with their respective counsel. To prove their identity, they have filed the xerox copies of their Aadhar card. Mr.V.S.Thiyagarajan, Sub-Inspector of Police, B 5 Manavala Nagar Police Station, was present before this Court.

5. On enquiry, the victim girl submitted that there is a love affair between herself and the petitioner and now she had attained majority and that she wanted the criminal proceedings to be quashed.

6. The learned Additional Public Prosecutor appearing on behalf of the first respondent submitted that though the parties entered into a compromise while 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.

7. In this regard it is relevant to refer the judgment of the learned Single Judge of this Court, in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein the learned single Judge 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 film, which have teenage characters suggesting relationship between boy and girl.

27. Apart from the above, this Court is of the view that as per the 3rd respondent's report, ma