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2026 Supreme(Online)(Mad) 20377

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Ajithkumar – Appellant
Versus
The State – Respondent
CRL.OP(MD)No.17492 of 2025|CRL.MP(MD)NO.14195 OF 2025



Advocates:
For the Appellants/Petitioners: Mr.P.Manikandan
For the Respondents: Mr.A.Albert James, M/s.T.Sathyaselvi

The court can quash proceedings based on joint compromises that respect the legal status of marriage, especially when prosecution affects familial peace.

Headnote:The petition seeks to quash the charge sheet filed against the accused under various sections including Section 450 IPC, Section 9 and 11 of the Child Marriage Act, 2006 and Sections 5 and 6 of the POCSO Act. The victim girl, born on 7.2.2008, attained majority on 7.2.2026 and married the first accused on 12.2.2026 with the family's consent. The court found that continuation of prosecution would affect their marital life. The main issue framed was whether the prosecution should continue after a joint compromise. The court reasoned that the legal admission of marriage and mutual agreement warranted quashing of proceedings. The judgment concludes with quashing the prosecution, allowing the petition while closing the connected miscellaneous petition.

Table of Content
1. court can quash charges under certain conditions. (Para 1)
2. details of victim's age and marriage are essential for context. (Para 2)
3. execution of mutual agreement leads to quashing of proceedings. (Para 3)

O R D E R

The present Petition has been filed by the accused persons in Special S.C.No.269 of 2023, on the file of Special Court Exclusive Trial of POCSO Cases, Dindigul seeking to quash the charge sheet, wherein, they have been charged for the offence under Section 450 IPC, Section 9 and 11 of Child Marriage Act, 2006 and Section 5(l)5(J)(ii), 5(n) and 6 of POCSO Act

2.The victim girl was born on 7.2.2008.The alleged occurrence is said to have taken place on 9.6.2022. The victim girl had attained majority on 7.2.2026.Thereafter the victim girl got married to the first accused on 12.2.2026 and on the same day, the marriage has been registered. In such circumstances, the parties have entered into a joint compromise. The victim girl and other family members agreed not to continue the prosecution. The parents of the victim girl have undertaken the marriage in favour of the victim girl after attaining majority, she on her own had entered into marriage with the first accused and they are living together. In such circumstances, continuation of the prosecution will affect their peaceful marital life.

3.In view of the above facts, the the proceedings in Special S.C.No.269 of 2023, on the file of Special Court Exclusive Trial of POCSO cases, Dindigul is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

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