IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
SARAN – Appellant
Versus
The State Rep. by Inspector of Police – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.02.2026 CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and CMP No.862 of 2026 Saran ... Petitioner Vs.
1. The State Rep. by The Inspector Police, Mandharakuppam Police Station, Cuddalore District.
(Crime No.102 of 2025)
2. XXXXX ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the entire records of the charge sheet filed in Spl.S.C.260 of 2025 on the file of POCSO Court, Cuddalore in Crime No.102 of 2025 and to quash the same in view of the proceedings on the petitioner as accused.
For Petitioner : Ms.S.Jessy Monica For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 : No appearance
O R D E R
The present Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.260 of 2025, pending on the file of the POCSO Court, Cuddalore, in Crime No.102 of 2025, on the basis of the compromise arrived at between the petitioner and the victim girl.
2. Heard the learned counsel on either side and perused the materials available on record.
3. Based on the complaint given by the mother of the victim girl, a case in Crime No.102 of 2025 was registered on the file of the 1st respondent/ Police against the petitioner and on completion of investigation, a final report was filed before the Court of Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, for the offences under Sections 87 of BNS, 2023 @ Sections 87, 127(4) of BNS, 2023 r/w. 9(l), 10, 17 of the Protection of Children from Sexual Offences Act, 2012 and the same was taken on file in Spl.S.C.No.260 of 2025.
4. Learned counsel appearing for the petitioner would submit that the case arises from a consensual relationship between the petitioner and the victim girl. He would submit that the petitioner and the victim girl /R2 are known to each other from their childhood and they belong to same community; there was love affair between the petitioner and the victim girl; since the love affair was objected by the parents of the victim girl, the victim girl eloped from the house in the guise of going to college. He would submit that since the victim girl refused to go along with her mother, she was kept in the home till she attained majority. He would submit that after the victim attained majority, she was released from the home and thereafter, she got married to the petitioner and now, they are living as husband and wife. He would submit that the complaint was given by the mother of the victim girl, and though she was aware about the marriage between the petitioner and the victim girl, she has not come forward to withdraw the complaint. He would submit that their marriage was performed at Arulmigu Vinayagar Alayam, Cuddalore District and same was also registered before the Joint Sub-Registrar-II, Cuddalore-2 on 02.02.2026. He would further submit that the parties have entered into a compromise and the victim girl has filed consent affidavit to the effect of compromising the matter. Therefore, when the petitioner and the victim girl have compromised the matter, no useful purpose will be served by continuing the impugned proceedings. Hence, the impugned proceedings may be quashed on the ground of compromise.
5. The petitioner and the victim girl/R2 appeared before this Court and they were identified by their respective counsels as well as Mr.M.Thennarasan, HC 396 Mandharakuppam Police Station, Cuddalore District.
6. On being enquired by this Court, the victim girl stated that she has amicably settled the dispute with the petitioner and she is not willing to pursue the criminal proceedings and therefore, seeks to quash the same.
7. Learned Additional Public Prosecutor appearing on behalf of the first respondent would submit that there was love affair between the petitioner and the victim girl/R2, when she was 17 years and above; the same was objected by the mother of the victim girl. He would submit th
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