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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Nirmal Kumar, J
Muruganantham – Appellant
Versus
State of Tamil Nadu, rep., by The Inspector of Police, Peraiyur Police Station, Ramanathapuram District – Respondent
| Table of Content |
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| 1. victim's affidavit and compromise (Para 5 , 6 , 7 , 8 , 9) |
ORDER :
(M. NIRMAL KUMAR, J.)
The petitioners, who are A2 to A5 in Crime No.67 of 2024 for the offences under Sections 5(1), 6 and 17 of TN Prohibition of Child from Sexual Offences Act, 2012 , Section 506(1) of IPC and Section 9,10 and 11 of TN Prohibition of Child Marriage Act, 2006 , had filed this quash application.
2. The contention of the petitioners is that the first petitioner is the husband of vicitm/second respondent, second and third petitioners are mother and mother-in-law of the victim and the fourth petitioner is the mother of A2. The defacto complainant /victim had lodged a complaint stating that when she was studying in Mudukulathur Pallivasal Higher Secondary School, she used to travel in TATA ACE vehicle along with her schoolmates, which was driven by one Balamurugan. Later, the said Balamurugan, on 16.12.2022, called the victim girl to his house and on promise to marry her committed penetrative sexual assault. They continued to their relationship, which was objected by her parents and later, marriage was held between the victim and the first petitioner/A2 on 01.07.2024. The victim was minor
The court can quash criminal proceedings based on a compromise between parties, even for non-compoundable offences, when it serves the ends of justice and prevents oppression.
Compromise between parties in non-compoundable criminal cases can satisfy interests of justice and lead to quashing proceedings when there is minimal chance of conviction.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Marriage between accused and victim can warrant quashing of sexual assault charges to promote justice and family life.
A crime under the POCSO Act may be quashed if the victim and accused marry and live harmoniously, emphasizing the importance of family stability over legal proceedings.
Compromise between parties can lead to quashing of proceedings in serious cases if societal interests align.
A court can quash criminal proceedings when the victim marries the accused, promoting justice and family harmony.
Compromise in non-compoundable offences can lead to quashing proceedings when considering family dynamics and societal interests.
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