IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.MP No.2334 of 2026 Sathish @ Jagan ... Petitioner Vs.

1. The State rep. by The Inspector Police, Koyambedu, All Women Police Station, Chennai.

(Crime No.13 of 2021)

2. Sridhar ... 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 proceeding in Spl.S.C.No.147 of 2022 on the file of Sessions Court, Additional Special Court for the exclusive for trial of POCSO Act Cases (Magalir Neethimandram), Chennai at Allikulam and quash the same.

For Petitioner : Mr.D.Magesh For R1 : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.147 of 2022 on the file of Sessions Court, Additional Special Court for the exclusive for trial of POCSO Act Cases (Magalir Neethimandram), Chennai at Allikulam.

2. Heard the learned counsel on either side and perused the materials available on record.

3. Based on the complaint given by the de facto complainant/R2, who is none other than the father of the victim girl, a case in Crime No.13 of 2021 was registered on the file of the 1^st respondent/ Police against the petitioner and on completion of investigation, a final report was filed before the Sessions Court, Additional Special Court for the exclusive for trial of POCSO Act (Magalir Neethimandram, Chennai at Allikulam) for the offences of Girl Missing @ 366 of Indian Penal Code, 5(1) r/w. 6 of Protection of Children from Sexual Offences Act, 2012 and the same was taken on file in Spl.S.C.No.147 of

2022.

4. Learned counsel appearing for the petitioner would submit that due to love affair between the petitioner and victim girl, she eloped from the house; subsequently, her father had given a complaint, as if the petitioner had kidnapped the victim girl; based on that, case in Crime No.13 of 2021 was registered for the aforesaid offences. He would submit that the petitioner and the victim girl had got their their marriage solemnized, after the victim girl had attained majority and as on date, the petitioner and the victim girl are living together as husband and wife, with their male child and the marrige between them has also been registered before the Periyar Self-respect Marriage Bureau, Tiruvallur on 24.03.2025. He would submit that the petitioner and the victim girl have filed consent affidavit for compromising the matter. He would further submit that though trial has commenced in this case, the father of the victim girl who is the de facto complainant/R2 has also not supported the case of the prosecution. 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. Learned Government Advocate (Crl.Side) 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.

6. The petitioner and the victim girl along with her child, were present before this Court at the time of hearing and they were identified by the learned counsel on either side and also by Ms.K.Nithya, W35, All Women Police Station, Koyambedu.

7. 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. On perusal of the records, the marriage was registered at Periyar Self-Respect Marriage Bureau, Tiruvallur, it has been approved by the Hindu Marriage (Tamil Nadu Amendment Act, 1967) Act, under Section 7A. The second respondent has also not supported the case of