BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

1.Ajith Raja

2.Sumathi @ Mariya Sumathi

3.Mariyashayam ... Petitioners/Accused Nos. 1 to 3 Vs.

1. The State of Tamilnadu Rep by the Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

(Crime No.23/2024) ... Respondent No.1 /Complainant

2. M.Deivanai ... Respondent No.2 / Defacto Complainant

3. xxxx xxxx xxxx Tirunelveli District ... Respondent No.3/ Victim PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records relating to the proceedings in Spl.C.C.No.295 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Tirunelveli and and quash the same as against the petitioner. For Petitioner : Mr. R.Mathava Selvam For Respondents : Mr. M.Sakthi Kumar (R1)

Government Advocate (Crl.Side)

: Mr. L.Prabakaran (R2)

ORDER

This Criminal Original Petition is filed under Section 482 CrPC / Section

528 BNSS, seeking to quash the charge sheet in Spl.C.C.No.295 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Tirunelveli.

2. The gist of the allegations in the final report is that the first petitioner and the victim girl had love affair. On knowing the same, the second petitioner, who is the mother of the first petitioner, supported them. Since the mother of the victim girl was unwell, the petitioners 2 and 3 arranged marriage of the victim girl with the first petitioner and the marriage was solemnized on 15.12.2023 and the victim girl was 17 years old at the time of the marriage, which is said to be taken place in the house of the petitioners 1 and 2. Thereafter, the first petitioner and the victim girl lived as husband and wife for several days and the victim girl became pregnant. Pursuant to the complaint given by the defacto complainant / second respondent, a case in Crime No.23 of 2024 was registered on the file of the Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District, against the petitioners for the offences under Sections Sections 5(1), 5(j)(ii), 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 and the same culminated in laying final report in Spl.S.C No.295 of 2025 before the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Tirunelveli, for the offences under Sections Sections 5(1), 5(j)(ii), 6 and 17 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006. Seeking quashment of the charge sheet, this Criminal Original Petition is filed.

3. Admittedly, the Sub Registrar, Panagudi, issued a marriage certificate dated 30.12.2025 vide Marriage Sl.No.TMR/Panagudi/413/2025 certifying that the marriage between the first petitioner and the third respondent/victim girl has been solemnized on 03.08.2025 and the same has been registered on 30.12.2025 at serial No.413 of Register of Marriages maintained under the Tamilnadu Registration of Marriages Act, 2009 and the parties have now resolved the dispute amicably. A Joint Compromise Memo dated 18.12.2025 has been filed before this Court. A Joint Compromise Memo dated 23.01.2026 has been filed before this Court.

4. The petitioners and the second respondent / defacto complainant and the third respondent / victim are present before this Court in person and are identified by Mr.R.Murugeswari (SSI 731), All Women Police Station, Valliyoor, Tirunelveli District. The defacto complainant has categorically stated that he does not wish to pursue the proceedings against the petitioners herein. This Court is satisfied that the compromise is voluntary and not the result of any coercion or undue influence.

5. The law relating to quashment of criminal proceedings on the basis of compromise between the parties is well settled. In Gian Singh v. State of Punjab¹, the Hon’ble Supreme Court authoritatively held that the inherent power of the High Court under Section 482 CrPC is of wide amplitude an