IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
VIGNESH – Appellant
Versus
State rep. by – 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 Nos.22693 & 22694 of 2025 Vignesh ... Petitioner Vs.
1. The State Rep. by The Inspector Police, All Women Police Station, Thudiyalur, Coimbatore. 2. Vijayapandiyammal Extension Officer Social Welfare, Panjayat Union Office, Periyanaickenpalayam, Coimbatore.
3. XXXXX ... Respondents 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 pertaining to the final report in Spl.S.C.No.136 of 2024 on the file of the Sessions Judge Court, Special Court for Exclusive Trial of Cases, under the POCSO Act, Coimbatore, and quash the same.
For Petitioners : Mr.Dharani S For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 : No appearance For R3 : Mr.P.Parthikannan
O R D E R
The present Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.136 of 2024, pending on the file of Sessions Judge Court, Special Court for Exclusive Trial of cases, under the POCSO Act, Coimbatore, 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 2nd respondent, a case in Crime No.1 of 2024 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 Sessions Court, Special Court Exclusive Trial of cases, under the POCSO Act, Coimbatore for the offences under Sections 376(3), 344, 366 of Indian Penal Code, 1860 and Section 9 of Prohibition of Child Marriage Act, 2006, 5(l), 5(j)(ii) and 6 of Protection of Children from Sexual Offences Act, 2012 and the same was taken on file in Spl.S.C.No.136 of 2024.
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 hail from same village and they were known to each other; there was a love affair between them; since it was objected by the family members, they eloped from the house and without understanding the consequences, they got married at the temple. He would submit that after marriage, they took a house for rent and lived as husband and wife; at that time, based on the complaint given by the 2nd respondent/ Social Welfare Officer, to the respondent police/R1, case in Crime No.1 of 2024 was registered for the aforesaid offences. He would further submit that the victim attained majority, and their marriage has also been registered before the Sub- Registrar’s Office, Vadavalli on 04.02.2026. He would also submit that due to wedlock, they have got a female child and they are all living together happily. He would further submit that the parties have entered into a compromise and the victim girl has filed consent affidavit to that effect. 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/R3 appeared before this Court and they were identified by their respective counsels.
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 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.