IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
Vengadesh @ Venkadesh – Appellant
Versus
State Of Tamilnadu Rep By In – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/02/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD). Nos.3155 and 3664 of 2026 Vengadesh @ Venkadesh ... Petitioner Vs
1. State of Tamilnadu Rep by The Inspector of Police, Awps-Valliyoor, Tirunelveli District, (In Crime No.15/2024).
2. Social Welfare Officer, Valliyoor Panchayat Union, Valliyoor, Tirunelveli District.
3. Xxxxxxx ... Respondents PRAYER :-
To call for the records and Quash the proceedings in Spl.C.C.No.251 of 2025 on the file of Mahila Court, Tirunelveli.
For Petitioner : M/s.A.Arun Ramnath, Advocate.
For Respondent : M/s.Thanga Aravindh.B for R1 Government Advocate (Crl.Side)
: Mr.L.Harith Sabari for R2
ORDER
This Criminal Original Petition is filed under Section 482 CrPC / Section 528 BNSS, seeking to quash the charge sheet in Spl.CC No.521 of 2025 on the file of the learned Sessions Judge, Mahila Court, Tirunelveli.
2. The gist of the allegations in the final report is that on receiving an information that a 17 years old girl child was married and she was pregnant, the second respondent had enquired the same. On enquiry it was revealed that the third respondent / victim was born in the year 2006 and she was in love with the petitioner and they got married and were blessed with a male child. During checkup the hospital authorities found out the age of the third respondent and the same was intimated to the second respondent. Therefore, a case was registered in Crime No.15 of 2024 for the offences under Sections 6, 5(i), 5(j)(ii) of POCSO Act, 2012 and under Section 9 of Prohibition of Child Marriage Act on 09.03.2024 against the petitioner and the same culminated in laying final report in Spl.CC.No.251 of 2025 before the learned Sessions Judge, Mahila Court, Tirunelveli, for the same offences. Seeking quashment of the charge sheet, this Criminal Original Petition is filed.
3. Admittedly, the Marriage Registrar, Sub Registrar Office, Radhapuram, issued a marriage certificate dated 17.12.2025 vide Marriage Sl.No.TMR/Radhapuram/292/2025 certifying that the marriage between the petitioner and the third respondent/victim girl has been solemnized on 01.12.2025 and the same has been registered on 17.12.2025 at serial No.292 of Register of Marriages maintained under the Tamilnadu Registration of Marriages Act, 2009 and the parties have now resolved the dispute amicably. It is also stated that the first petitioner and the third respondent/victim are leading matrimonial life peacefully. A Joint Compromise Memo dated 18.02.2026 has been filed before this Court.
4. The petitioners and the second respondent / defacto complainant and the third respondent / victim are present before this Court in person and are identified by Special Sub Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. The defacto complainant and the victim have categorically stated that they do not wish to pursue the proceedings against the petitioner herein. This Court is satisfied that the compromise is voluntary and not the result of any coercion or undue influence.
5. The law relating to quashment of criminal proceedings on the basis of compromise between the parties is well settled. In Gian Singh v. State of Punjab1, the Hon’ble Supreme Court authoritatively held that the inherent power of the High Court under Section 482 CrPC is of wide amplitude and may be exercised to quash criminal proceedings even in respect of non-compoundable offences, provided the dispute is essentially private in nature and the quashment would secure the ends of justice. The Court, however, drew a clear distinction between offences arising out of personal or matrimonial disputes, commercial transactions and similar private wrongs, and serious or heinous offences having grave impact on society, holding that the latter category cannot ordinarily be quashed merely on the basis of a settlement.
1 2012 (10) SCC 303
6. The said principles were succinctly crystallised in Parbatbhai Aahir
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.