ORDER :

M. Nirmal Kumar, J.

The petitioner/accused, who is facing trial in Special SPL.SC.No.44 of 2025 for offence under Sections 363 & 366 of IPC, Sections 5(1), 5(j)(ii) and 6 (1) of Protection of Child from Sexual Offences Act, 2019 and Section 9 of Prohibition of Child Marriage Act, 2006 before the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri District, filed this Criminal Original Petition on the ground of compromise.

2.The case against the petitioner is that the defacto complainant was completed 12^th standard, who is aged about 17 years. The petitioner and the defacto complainant fell in love with each other. On came to know, the parents of the defacto complaint scolded her, which was communicated to the petitioner and on the instruction of the petitioner, the defacto complainant came out of house on 22.04.2024. The petitioner took the defacto complainant to Thumbalahalli Dam and tied thali in the Murugan Temple. Thereafter, they had physical relationship, as a result of which, the defacto complainant got pregnancy. Hence, lodged a complaint.

3.The learned counsel appearing for the petitioner submitted that based on the intimation given by the government Hospital, Dharmapuri, the respondent police registered a case in crime No.110 of 2024 for offence under Sections 363 & 366 of IPC, Sections 5(1), 5(j)(ii) and 6 (1) of Protection of Child from Sexual Offences Act, 2019 and Section 9 of Prohibition of Child Marriage Act, 2006. On conclusion of investigation, charge sheet filed before the trial Court listing 14 witnesses and taken on file as Special S.C.No.44 of 2025.

4.Further, the learned counsel for the petitioner submitted that the petitioner and the 2^nd respondent have love affair and they married in Murugam Temple at Thumbalahalli Dam. Thereafter, both are residing at Bolabaguthanaalli Village as husband and wife. Out of the wedlock, they have a male child namely S.Jashwanth born on 28.01.2025 at Government Dharmapuri Medical College, Dharmapuri. Based on the information given, the respondent police registered a case. He further submitted that now, the defacto complainant attained majority and the petitioner and the defacto complainant are living happily along with their male child. The copy of the birth certificate of the male child is produced before this Court. Now, the defacto complainant is not inclined to proceed the criminal proceedings against the petitioner and that both the petitioner and 2^nd respondent are leading a happy married life with a male child. Hence, he prays for quashing the criminal proceedings. In respect of the same, they filed a Joint compromise memo, which scanned and reproduced hereunder:

5.The learned Govt. Advocate (Crl.side) appearing for the 1^st respondent Police submitted that in this case, during the relevant period, the defacto complainant was a minor and her date of birth is 07.10.2007. Now she attained majority and she was given birth to a male baby on 28.01.2025. They are living as husband and wife happily along with their male child.

6.Considering the submissions and on perusal of the materials, it is seen that the 2^nd respondent/defacto complainant lodged a complaint stating that she and the petitioner were in love relationship and got married. At the time of giving birth to a male baby, an information was sent to the first respondent police and registered a case.

7.Today, the petitioner, the 2^nd respondent/defacto complainant and their male baby appeared before this Court, their identity is confirmed by Mr.P.Prabu, HC 753, Mahendrama Police Station, Dharmapuri District.

8.During interaction, the 2^nd respondent/defacto complainant informed that she attained majority, both the petitioner and the 2^nd respondent/defacto complainant are living as husband and wife and they were blessed with a male baby on 28.01.2025. The 2^nd respondent further informed that she is not inclined to proceed with the case and filed a affidavit to that effect. The Apex Court in the case of “K.Dhan