The court emphasized the need for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to Spl.S.C.No.148 of 2019 pending on the file of the learned Special Court for Exclusive trial of Cases under POCSO Act Cases, Chengalpet and quash the criminal proceeding.)

1. This Criminal Original Petition has been filed to quash Spl.S.C.No.148 of 2019 pending on the file of the learned Special Court for Exclusive trial of Cases under POCSO Act Cases, Chengalpet, for the offence under Section 341, 363 and 506 (ii) of the Indian Penal Code, Sections 4, 3 (a), 5 (j)) (ii), 6 and 8 of POCSO Act, 2012 and altered into Sections 341, 363 and 506 (ii) of the Indian Penal Code and Sections 4, 3 (a), 5 (i), (ii), 6 and 8 of POCSO Act, 2012.

2. The case of the prosecution is that the petitioner and the daughter of the second respondent fell in love with each other. The petitioner is none other than the maternal uncle of the victim girl. The love affair between them was not accepted by the mother of the victim girl. Hence, a case has been registered in Crime No.3 of 2016, for the offence under Section 341, 363 and 506 (ii) of the Indian Penal Code, Sections 4, 3 (a), 5 (j)) (ii), 6 and 8 of POCSO Act, 2012 and altered into Sections 341, 363 and 506 (ii) of the Indian Penal Code and Sections 4, 3 (a), 5 (i), (ii), 6 and 8 of POCSO Act, 2012.

3. Today, when the matter is taken up for hearing, petitioner, victim girl along with her baby and Ms.B.Bharathi, WHC 1271, AWPS Sriperumbudur, were present before this Court. Joint memo of compromise, dated 25th April, 2022, duly signed by the parties are filed before this Court.

4. On enquiry, the petitioner submitted that this case has been fabricated by the mother of the victim knowing the fact that victim being married to the petitioner and begotten a child. Hence the petitioner prays this Court to quash Spl.S.C.No.148 of 2019, pending on the file of the learned Special Court for Exclusive Trial of Cases under POCSO Act, Chengalpet.

5. On enquiry, the victim girl submitted that the petitioner and the victim girl got married on 8/12/2019 and she is living happily with her husband and child.

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 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, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, 'Child' is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 yea