Where a youthful relationship matured into a stable marriage and parenthood, and parties have amicably resolved differences, criminal proceedings may be quashed to preserve family unity, as continuing prosecution in such circumstances constitutes an abuse of legal process and serves no meaningful societal interest.

ORDER :

M. Nirmal Kumar, J.

This criminal original petition is filed to call for records relating to Special S.C. No. 275 of 2025 pending on the file of Fast Track Mahila Court, Tiruvannamalai, in connection with Crime No. 9 of 2025 on the file of the 1^st respondent Police.

2. The case of the prosecution is that on 14.03.2025, the 1^st respondent Police received information from Government Hospital, Cheyyar, stating that a girl, aged about 17 years, had come to the hospital and upon examination, she was found to be 9 weeks pregnant. Upon enquiry, the victim girl stated that she and one Parthiban/1st petitioner herein were in love with each other. As there was strong familial opposition on both sides, the victim girl and the 1^st petitioner herein eloped and got married in a temple on 20.01.2025. Even thereafter, the parents of both the victim girl and the 1^st petitioner refused to accept them resulting in the couple living in a rented house. Subsequently, the victim girl, who was a minor, became pregnant.

3. Pursuant to the complaint lodged, a case in Crime No. 9 of 2025 was registered as against the petitioners herein for offences under Sections 64(2)(m) & 87 of BNS r/w Sections 5(l), 5(i)(ii), 6(1) & 17 of POCSO Act r/w Section 9 of Prohibition of Child Marriage Act, 2006. After completion of investigation, the final report was filed listing 12 witnesses and the same was taken cognizance in S.C. No. 275 of 2025 by the Special Court for Exclusive Trial of Cases under the POCSO Act, Thiruvannamalai District. Thereafter, the case was made over on 07.10.2025 and transferred to the Fast Track Mahila Court, Thiruvannamalai.

4. Learned counsel for the petitioners submitted that the 1^st petitioner and the victim girl were in love with each other for quite some time. When the family of the victim girl and that of the 1^st petitioner came to know about the relationship, they objected to the same. Therefore, the victim girl and the 1^st petitioner decided to get married in a temple. The 1^st petitioner and the victim girl went to Osooramman Temple in Brahmadesam on 20.10.2025, got married and started living together. Thereafter, the victim became pregnant. The learned counsel for the petitioners submitted that the victim has now attained majority and the parents of both the victim girl and the 1^st petitioner have accepted their relationship and solemnized their marriage. It is further stated that the 1^st petitioner and the victim girl have been blessed with a male child and all are living happily in harmony.

5. Learned Government Counsel (Crl.Side) for the first respondent submitted that the 1^st petitioner married the victim girl when she was a minor and committed penetrative sexual assault. The victim became pregnant, she went to the hospital for health check-up, and from the hospital, information was received by the respondent Police; a case in Crime No. 9 of 2025 was registered; during investigation, it was confirmed that the victim girl was a minor and her date of birth was 24.09.2007; the Doctor, who examined the victim girl confirmed penetrative sexual assault; statements were recorded and on completion of investigation, charge sheet was filed listing 12 witnesses. Learned Government Counsel further submitted that the victim girl has now attained majority and both the families have accepted their relationship and solemnized their marriage. Further, the couple have been blessed with a male baby out of the wedlock.