BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2026 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

1.Aarthi 2.Latha

3.Suresh

4.Ganesh @ Subbaiah

5.Manickam ... Petitioners/Accused Nos. 1 to 5 Vs.

1. State of Tamilnadu Rep by the Inspector of Police, All Women Police Station, Tirunelveli City, Tirunelveli.

(Crime No.12 of 2025) ... Respondent No.1 /Complainant

2.The Village Health Officer, Panchayat Union, Palayamkottai, Tirunelveli District. ... Respondent No.2 / Defacto Complainant

3.xxxxx xxxxx Tuticorin District. ... Respondent No.3 / Victim PRAYER : Petition filed under Section 528 of BNSS, 2023 to quash the proceedings in Spl.CC No.231 of 2025 on the file of the learned Sessions Judge, Mahila Court, Tirunelveli.

For Petitioners : Ms. S.Ragaventhre For Respondents : Mr. M.Sakthi Kumar (R1)

Government Advocate (Crl.Side)

: Mr. K.S.Aswin (R3)

ORDER

This Criminal Original Petition is filed under Section 482 CrPC / Section

528 BNSS, seeking to quash the charge sheet in Spl.CC No.231 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 the first petitioner and the victim girl had love affair and that the petitioners 2 to 5 arranged marriage of the victim girl with the first petitioner and the marriage was solemnized on 08.11.2024 and the victim girl was 17 years old at the time of the marriage and the first petitioner had physical relationship with the victim for several times, due to which, the victim became pregnant. Pursuant to the complaint given by the defacto complainant/second respondent, a case in Crime No.12 of 2025 was registered on the file of the Inspector of Police, All Women Police Station, Tirunelveli City, Tirunelveli, against the petitioners for the offences under Sections 5(1), 5(j)(ii) and 6 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006, and the same culminated in laying final report in Spl.CC.No.231 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 Sub Registrar, Tirunelveli, issued a marriage certificate dated 08.12.2025 vide Marriage Sl.No.TMR/Tirunelveli Joint I/129/2025 certifying that the marriage between the first petitioner and the third respondent/victim girl has been solemnized on 08.11.2024 and the same has been registered on 08.12.2025 at serial No.129 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 06.02.2026 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 Ms.S.Mary Anisha, Woman Head Constable, All Women Police Station, Tirunelveli City, Tirunelveli. The defacto complainant and the victim have categorically stated that they do not wish to pursue the proceedings against the petitioners 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 se