BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.11.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

and

Crl.M.P.(MD) Nos.17447 & 17451 of 2025

Saravanan ... Petitioner

Vs.

1.The State of Tamil Nadu rep. by

The Inspector of Police,

All Women’s Police Station,

Aranthangi, Pudukottai District.

2.xxxxxxx ... Respondents

PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for the records relating to the charge sheet in Spl.S.C.No.59 of 2024, dated 03.11.2024 on the file

of the Mahila Court, Pudukkottai and quash the same as illegal.

For Petitioner : Mr.K.Khari Kharadas

For R1 : Mr.K.Sanjai Gandhi

Government Advocate (Criminal Side)

For R2 : Mr.M.P.Sunil

O R D E R

This Criminal Original Petition has been filed seeking to quash the final report in Spl.S.C.No.59 of 2024 on the file of the Mahila Court, Pudukkottai, filed against the petitioner for offences punishable under Sections 5(l), 5(j)(ii), 5(n) & 6(1) of the Protection of Children from Sexual Offences Act, 2012, Section 9 of the Prohibition of Child Marriage Act, 2006 and Sections 363 and 344 of the Indian Penal Code, 1860. 2. The allegation in the final report is that the petitioner is the own brother of the second respondent/victim girl’s mother; that without informing the family members, he had married the second respondent/victim girl knowing that she is minor; that thereafter, the petitioner sexually assaulted the second respondent/victim girl on several occasions; and that out of the wedlock, a child was born to them, and thus committed the aforesaid offences.

3. The learned counsel for the petitioner and the learned counsel for the second respondent/victim girl would submit that the second respondent/victim girl would marry the petitioner on her attaining majority, which would happen in March 2026; and that, considering the fact that the relationship was consensual and the marriage was solemnized due to the said relationship, the impugned prosecution may be quashed.

4. The second respondent/victim girl and her mother are present in person before this Court. They are identified by M/s.Shanthi, Sub- Inspector of Police, All Women’s Police Station, Aranthangi, Pudukottai District. The parties have filed a joint compromise memo stating that the marriage between the petitioner and the second respondent/victim girl would be solemnized in March 2026. Both the second respondent/victim girl and her mother confirm that the second respondent/victim girl proposes to marry the petitioner after she attains majority in March 2026.

5. Considering the nature of the relationship between the parties, the fact that the second respondent/victim girl, who is now 17 years and 8 months old, proposes to marry the petitioner, and the further fact that a child was born to them, this Court is inclined to quash the impugned final report in Spl.S.C.No.59 of 2024 on the file of the Mahila Court, Pudukkottai, on the condition that the petitioner shall register the marriage with the second respondent/victim girl after she attains majority and file the marriage certificate before this Court in April 2026. If the petitioner fails to comply with the condition, this order passed by this Court shall stand vacated without further reference to this Court.

6. In the result, this Criminal Original Petition is allowed, subject to the above condition, and is posted for reporting compliance on 30.04.2026. The compromise memo filed by the parties shall form part and parcel of this order. Consequently, the connected Miscellaneous Petitions are closed.

26.11.2025 JEN Index: Yes/ No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order Copy To:

1.The Judge, Mahila Court, Pudukkottai.

2.The Inspector of Police, All Women’s Police Station, Aranthangi, Pudukottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

SUNDER MOHAN , J .

JEN

26.11.2025