IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

V.Karthi

S/o Venkatachalam ... Petitioner/Accused

Vs.

1.The State of Tamil Nadu,

Rep. By its Inspector of Police

All Women Police Station,

Bhavani Police Station, Erode District.

(Crime No.04 of 2021). … 1^st respondent/Complainant

2.P.Banumathi,

W/o Paramesh .. 2nd Respondent/Defacto complainant

3.P.Elakkiya,

W/o V.Karthi ... 3rd respondent/Victim

PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the entire records in proceedings in Spl.S.C.No.52 of 2022 on the file of the Sessions Judge, Mahila Court (Fast Track Mahila Court), Erode,

and quash the same.

For Petitioner : Mr.M.Senthamizh Selvan

For Respondents : Mr.K.M.D.Muhilan,

Additional Public Prosecutor for R1

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O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.52 of 2022 on the file of the Sessions Judge, Mahila Court (Fast Track Mahila Court), Erode, for the offence punishable under Section 366 of IPC, and later altered to Sections 366 of IPC, 9 of the Prohibition of Child Marriage Act, 2006 (POCM Act) and Sections 5(1) and

6 of the POCSO Act, 2012.

2.The learned counsel for the petitioner would submit that the petitioner and the 3^rd respondent/victim are known to each other for a long time and while the 3^rd respondent/victim was studying at Hosur and the petitioner was studying Diploma 2^nd year, both fell in love with each other and since it was objected to by the parents of the victim, the victim eloped from her house and without the permission of their parents, they went to Dharmapuri and they got married in a temple. Thereafter, based on the complaint dated 19.02.2021 given by the 2^nd respondent/de facto complainant, who is the mother of the victim, the 1^st respondent/police had registered FIR No.04/2021 and they were secured by the 1^st respondent on 03.04.2021 and after investigation, the 1^st respondent has filed a final report.

3. Learned counsel for the petitioner would further submit that at the time of occurrence, the petitioner was aged about 17 years and the 3^rd respondent/victim was aged about 14 years and now the 3^rd respondent/victim has attained majority and the parents of the petitioner and the third respondent victim girl arranged for their marriage and the marriage was solemnised at the house of the petitioner at Errakollanur, Pennagaram, on 10.11.2025 and the marriage has also been registered at the office of the Sub Registrar, Pennagaram, on 12.11.2025 and now, the petitioner and the 3^rd respondent/victim are living as husband and wife under the same roof and their parents are taking care of them. Both the families have compromised on the issue and the petitioner has filed an affidavit to that effect and has filed the above criminal original petition seeking to quash the proceedings in Spl.S.C.No.52 of 2022 on the file of the Sessions Judge, Mahila Court (Fast Track Mahila Court), Erode, on the ground of compromise.

4.The 2nd respondent/de facto complainant would submit that now, the petitioner and the 3^rd respondent/victim are living as husband and wife and the act between the parties was driven only by love, rather than lust and she has no objection for the proceedings in Spl.S.C.No.52 of 2022 filed against the petitioner being quashed and she has also filed an affidavit to that effect.

5.The learned Public Prosecutor appearing on behalf of the 1^st respondent-Police submitted that though the parties have 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.

6.The petitioner, his mother, victim and her mother are present before this Court at the time of hearing. They were identified by their respective counsel as well as by Mr.D.Erusayee, WHC2132, AWPS Bhavani.

7.The petitioner and the 2^nd re