IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.24799 and 24801 of 2025 P. Ajithkumar ... Petitioner Vs.

1.The State Rep., by its, The Inspector of Police, All Women Police Station, Cuddalore, Cuddalore District.

Crime No. 12 of 2022

2.Thirisha ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in Spl.S.C.No.29 of 2023 on the file of the Court of the Sessions Judge, Mahila Court at Cuddalore and quash the same.

For Petitioner : Mr. C. Venkatesan For Respondents : Mr.K.M.D. Muhilan, Additional Public Prosecutor for R1 Ms. K. Viji, for R2

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.29 of 2023 on the file of the Court of the Sessions Judge, Mahila Court at Cuddalore, 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. 12 of 2022 was registered on the file of the first respondent Police against the petitioner, for the offences under Sections 5(1), 5(j)(ii) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006. After completion of investigation, the impugned charge sheet was filed before the Special Court, Cuddalore and the Court took cognizance of the case and numbered it as Spl.S.C.No.29 of 2023.

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 female child on 18.08.2022. After the victim attained majority, the petitioner and the victim got their marriage solemnized on 14.03.2025. 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, Cuddalore, on 04.02.2026.

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.

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 Additional Public Prosecutor appearing on behalf of the first respondent police 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 this Court can quash the criminal proceedings involving non-

compoundable offences pending against the petitioner.

9. The Supreme Court, in a very recent judgment in K.

Kirubakaran vs. State of Tamil Nadu [2025 INSC 1272], in which the appellant was convicted for the offences under Sections 366 IPC and Section 6 of the POCSO Act, pursuant to the compromise entered into between the parties, by commencing the judgment with the quote “