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2025 Supreme(Online)(Mad) 56722
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
Ramachandran – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.O.P.(MD)No.12698 of 2025 | Spl.S.C.No.145 of 2024
For the Appellants/Petitioners: Mr.R.Venkatesan
For the Respondents:Mr.A.S.Abul Kalaam, Azad, Government Advocate(Crl.side), Mr. V.Dharmaraj
The court can quash non-compoundable offences when they arise from personal matters, not affecting public interest, allowing reconciliation and reducing mental distress for the parties involved.
Headnote:(A) Protection of Children from Sexual Offences Act, 2012 - Sections 5(1), 5(j)(ii), 6 - Child Marriage Act, 2006 - Quashing of charges - The petitioner sought to quash proceedings for non-compoundable offences under POCSO and Child Marriage Act after amicable settlement between parties. The court emphasized the need for individual nature of offences to be considered for quashing, as non-compoundable does not preclude quashing if no public interest is affected. (Paras 3, 19, 11)
(B) Jurisdiction under Section 482 Cr.P.C - Guidelines from the Supreme Court elucidated that for quashing non-compoundable offences, the nature of the crime and public interest is paramount. Quashing proceedings aids in personal reconciliation without public interest detriment. (Para 20)
Facts of the case:
The petitioner was accused in a case involving a minor with whom he had eloped and married; the victim confirmed their marriage is consensual and expressed no interest in prosecution. (Paras 2, 6, 8)
Findings of Court:
The joint memorandum and subsequent verification indicated parties' desire to settle amicably, affirming the relationship's consensual nature without societal harm. (Paras 10, 11)
Issues: Whether the court can quash non-compoundable offences; balancing personal reconciliation with public interest. (Para 19)
Ratio Decidendi: The court held that keeping proceedings would exacerbate mental agony for the individuals involved and that the nature of the crime was personal, permitting quashing despite statutory prohibitions. (Para 19)
Result: Criminal proceedings quashed.
| Table of Content |
|---|
| 1. personal nature of charges allows quashing under specific conditions. (Para 2 , 6 , 8) |
| 2. court examines societal vs personal implications in non-compoundable offences. (Para 4) |
| 3. proceedings quashed to avoid unnecessary stress on involved parties. (Para 11) |
O R D E R
The petitioner is the sole accused in Spl.S.C.No.145 of 2024 for the offence under Sections 5 (1), 5(j)(ii) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of Child Marriage Act, 2006 , pending on the file of the Fast Track Mahila Court, Dindigul. He has filed this application to quash the proceedings pending against him, on the ground that the issue has been amicably settled among themselves.
2.The prosecution case is that the petitioner and the victim girl are close relative. They had love affair with each other, they have married and thereafter, the victim girl got pregnant. Therefore, on the complaint of the Social Welfare Officer, a case in Cr.No.17 of 2024 has been registered and upon completion of investigation, final report has also been filed as against this petitioner.
3.The case has been registered for the offence under Section
5(1), 5(j)(ii) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of Child Marriage Act, 2006 , which are non-compoundable offences. However, the Hon'ble Supreme Court, in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [2017 9 SCC 641] and in The State of Madhya Pradesh Vs. Dhruv Gurjar and Another [(2019) 2 MLJ Crl 10], has given sufficient guidelines that must be taken into consideration by the Court while exercising its jurisdiction under Section 482 of Cr.P.C,(528 BNSS) to quash non- compoundable offences. One very important test that has been laid down is that the Court must necessarily examine whether the crime in question is purely individual in nature or a crime against the society with overriding public interest. It has been repeatedly cautioned that offences against the society with overriding public interest even if it gets settled between the parties, cannot be quashed by this Court.
4.Though this Court is not inclined to entertain this petition at the first instance, a similar issue has been dealt by this Court in Vijayalakshmi and Ors Vs State and Ors reported in (2021) 2 CTC 191 as follows:-
17.This Court is not turning a blind eye to cases where the victim or survivor may, under the effect of trauma that they have undergone, studies on which show that they might tend to reconcile with the same by blaming themselves or convincing themselves that the element of consent was infact present. Nor is this Court scientifically justifying in toto, the genuineness or predicament of the accused in every case where it appears that the accused and victim child have been in a romantic relationship. That will depend on the facts and circumstances of each and every case.
18.In the present case, the 2nd Petitioner who was in a relationship with the 2nd Respondent who is also in his early twenties, has clearly stated that she was the one who insisted that the 2nd Respondent take her away from her home and marry her, due to the pressure exerted by her parents. The 2nd Respondent, who was placed in a very precarious situation decided to concede to the demand of the 2nd Petitioner. Thereafter, they eloped from their respective homes, got married and consummated the marriage. Incidents of this nature keep occurring regularly even now in villages and towns and occasionally in cities. After the parents or family lodge a complaint, the police register FIRs for offences of kidnapping and various offences under the POCSO Act. Several criminal cases booked under the POCSO Act fall under this category. As a consequence of such a FIR being registered, invariably the boy gets arrested and thereafter, his youthful life comes to a grinding halt. The provisions of the POCSO Act, as it stands today, will surely make the acts of the boy an offence due to its stringe
