The court may quash non-compoundable offences if they are purely personal in nature and do not serve overriding public interest.

O R D E R

The Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.190 of 2024, pending on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruppur, on the basis of the compromise arrived at between the petitioner and the victim.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and perused the materials available on record.

3. The crux of the allegations is that the petitioner/accused married the minor victim girl, subjected her penetrative sexual assault on several occasions and caused her to become pregnant. Therefore, based on the complaint given by the de facto complainant/R2, who is working as an Extensive Officer (Social Welfare), Union Office, Kangyam, a case in Crime No.24 of 2024 was registered for the offences under Section 9 of the Child Marriage Act and Section s 5 (l), 5(j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act . After completion of investigation, the case was taken up for trial in Spl.S.C.No.190 of 2024 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruppur.

4. Learned counsel appearing for the petitioner submitted that both the petitioner and the victim got married and living jointly and they are having a female child. The parents of the victim girl also accepted them and hence, submitted that the proceedings pending against the petitioner may be quashed. They have also filed a Joint Memo of Compromise to that effect.

5. The petitioner and the victim girl/R3 along with their child were appeared before this Court and identified by the counsel as well as by MrP.Marimuthu, HC 818, Vellakovil PS, Tiruppur District.

6. On being enquired by this Court, the victim stated that there was a love affair between herself and the petitioner and that she is not willing to undergo this agony any further and wanted the criminal proceedings to be quashed. The victim girl in her statement recorded under Section 180 BNSS, also stated that there was a love affair between herself and the petitioner.

7. The learned Additional Public Prosecutor 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 offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.

8. Heard both sides and perused the materials available on record.

9. In this regard, it is relevant to refer the judgment of the learned Single Judge of this Court in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein the learned single Judge had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted hereunder for proper appreciation:-

“ 21.When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.

26.In addition to the above, this Court is of the view that 'warning' of attraction of POCSO Act must be displayed before screening of any film, which have t