Court can quash criminal proceedings in non-compoundable offences if they are personal and do not impact public interest.

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.44 of 2023 on the file of the learned Sessions Judge, Mahila Court, Perambalur for the offences under Sections 5 (l), 5(j)(ii) read with Section 6 of POCSO Act , Section 363 and 366 of IPC and Section 9 of Prohibition of Child Marriage Act , on the ground of compromise.

2. Based on the complaint lodged by the mother of the victim girl alleging that the petitioner developed love affair with the victim girl and committed penetrative sexual assault on her and subsequently performed child marriage with the victim girl, a case was registered against the petitioner in Crime No.9 of 2021 and on completion of investigation, the charge sheet has been filed.

3. The learned counsel for the petitioner submitted that now the victim girl has attained majority. The petitioner and the victim girl got married and out of their wedlock, a male child has born to them. Hence, he seeks to quash the proceedings against the petitioner.

4. The petitioner and the victim girl were present along with their child before this Court at the time of hearing. The mothers of both the victim and the accused are also present. This Court examined the victim girl and she stated that she is living together with the petitioner and prayed to quash the criminal proceedings against the petitioner. A Joint Compromise Memo dated 02.09.2025 has also been filed to that effect.

5. The learned Government Advocate (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 offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.

6. 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 here under 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 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 teenage characters suggesting relationship between boy and girl.

27.Apart from the above, this Court is of the view that as per the 3rd respondent's report, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, 'Child' is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 years old, either in the school final or entering the college, the relationship invariably assumes the penal character by subjecting the boy to the rigorous of POCSO Act . Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 years or 10 years as minimum imprisonment, as the case may be.

28.When the g