When a victim of past offenses has attained majority and entered into a stable, peaceful matrimonial life with the accused, resulting in the birth of children, the continuation of criminal proceedings serves no useful purpose and is considered an abuse of the judicial process.

ORDER :

M. Nirmal Kumar, J.

The petitioners/accused, who are facing trial in Special S.C. No.215 of 2025 for offences under Sections 363, 365, 366 and 376(2)(n) IPC and Sections 5(l), 5(j)(ii), 6, 16 r/w 17 of POCSO Act and Sections 9 and 10 of Child Marriage Restraint Act, have filed the present criminal original petition.

2. The case of the prosecution is that the victim in this case, aged about 16 years was working in a Export Company in Ponneri. A1 Ajith was in love with her and using sugar-coated words, had taken the victim to various places and committed penetrative sexual assault. The victim became pregnant and on coming to know about this, the mother of the victim beat her and on 28.12.2020, A1, without the knowledge of victim’s parents, took the victim to his house where his parents conducted an intimate wedding. The victim subsequently gave birth to a girl child and as she was a minor, the respondent Police was informed by the hospital authorities leading to registration of FIR in Crime No. 12 of 2021. On completion of investigation, charge sheet was filed on 01.08.2025 for the aforesaid offences and the same was taken cognizance in Spl.S.C. No. 215 of 2025 by the Mahalir Neethi Mandram (Fast Track Mahila Court), Thiruvallur and the same is pending trial.

3. In the meanwhile, the victim attained majority and she and the 1^st petitioner are living as husband and wife and out of the said wedlock, they have two children born to them, namely Nevitha, born on 22.06.2021 and Paushika, born on 01.04.2026.

4. Today, the petitioners/A1 to A3, the victim girl/2nd respondent along with her two children appeared before this Court and were identified by their respective counsel as well as by Ms.P. Shanthi, Sub Inspector of Police, Ponneri AWPS.

5. On interaction by this Court, the victim stated that the issue has been amicably settled and she is not willing to pursue the criminal proceedings as against the petitioners and therefore, seeks to quash the same.

6. An affidavit dated 01.06.2026 has been filed by the victim girl/2nd respondent herein stating that she has attained majority; that she is leading a happy and peaceful matrimonial life with the 1^st petitioner and out of the said wedlock, they have been blessed with two daughters namely, Nevitha, born on 22.06.2021 and Paushika, born on 01.04.2026.The victim is not willing to pursue the case against the petitioners.

7. The Joint Memo of compromise filed by the parties dated 01.06.2026 is scanned and reproduced below:

8. Learned Government Counsel (Crl.Side) 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 offences, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties.

9. It is seen that victim girl attained majority and she is living happily with the 1^st petitioner and they have been blessed with two daughters. The Apex Court in the case of “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056 : 2022 Supreme(SC) 1465”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the petitioner as well as the victim. In view of the same, this Court finds that continuation of the proceedings will serve no purpose and it is only an abuse of process of law. Hence, this Court is inclined to quash the proceedings pending against the petitioners in Spl.S.C. No.215 of 2025 pending on the file of Mahalir Neethi Mandram (Fast Track Mahila Court), Thiruvallur, in exercise of its j