IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.01.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.23758 & 23759 of 2025 L.Kalrayan ... Petitioner Vs.

1. The State represented by, The Inspector of Police, Villianoor Police Station, Pondicherry.

(Crime No.2 of 2025)

2. XXX ... Respondents P RAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to the proceedings in Spl.S.C.No.37 of 2025 in Crime No.2 of 2025, on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry and to quash the charge sheet registered by the first respondent under Section 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006 and consequently charge sheet filed on 14.02.2025 filed by the first respondent is liable to be quashed in so far the petitioner is concerned.

For Petitioner : Mr.P.Veeraraghavan For R1 : Mr.M.V.Ramachandra Murthy Public Prosecutor (Puducherry)

Assisted by, Mr.A.Alexander Government Advocate (Puducherry) For R2 Mr.Gunaseelan

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.37 of 2025 in Crime No.2 of 2025, on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry, on the basis of the compromise arrived at between the petitioner and the de facto complainant/second respondent.

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

3. Based on the complaint given by the de facto complainant/R2, a case in Crime No. 2 of 2025 was registered on the file of the first respondent Police against the petitioner, for the offences under Section 9 of the Prohibition of Child Marriage Act, 2006 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. After completion of investigation, the impugned charge sheet was filed and the same was taken cognizance of on the file of the learned Special Judge (Court) under POCSO Act, 2012, Pondicherry, in Spl.S.C.No.37 of 2025.

4. The submissions of the learned counsel appearing for the petitioner are as follows:-

4.1. The petitioner and the de facto complainant/victim girl are known to each other and there was a consensual relationship between them. Therefore, the victim girl, on her own volition, went along with the petitioner and married him at a time when she was a minor.

4.2. Subsequently, the victim girl became pregnant and gave birth to a male child on 07.08.2025. After the victim attained majority, the petitioner and the victim got their marriage solemnized on 13.07.2025. As on date, the petitioner and the victim girl are living together as husband and wife. Their marriage has also been registered before the Sub-Registrar’s Office, Puducherry, on 17.12.2025.

4.3. The parties have entered into a compromise. In view of the settlement between the petitioner and the victim girl, no useful purpose would be served by permitting the impugned proceedings to continue. Hence, the impugned proceedings may be quashed on the ground of compromise. Affidavits and Joint Memo of Compromise to that effect have also been filed.

5. The petitioner and the de facto complainant/victim girl along with their child, appeared before this Court and they were identified by their respective counsel and by the learned Government Advocate (Puducherry).

6. This Court also enquired both the parties and was satisfied that the petitioner and the victim girl have been living together as husband and wife with their child.

7. Learned Government Advocate (Puducherry) appearing on behalf of the first respondent 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.

8. The main issue that requires the consideration of this Court is as to whether