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2026 Supreme(Online)(Mad) 24493

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
T.Vignesh – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.OP.(MD)No.22820 of 2025 | Crl.M.P(MD) No.19755 of 2025



Advocates:
For the Appellants/Petitioners: M/s.C.Gandhiammal
For the Respondents: Mr.A.Albert James, M/s.T.Jayanthi

The court upheld that proceedings can be quashed when the victim, now an adult, wishes to end prosecution due to her married life with the accused.

Headnote:{'statute_analysis': 'The present petition concerns various legal statutes including Section 528 of the BNSS Act, Section 366 of the IPC, Section 9 of the Prohibition of Child Marriage Act, 2006, and Sections 5(l) and 6 of the Prohibition of Child from Sexual Offences Act, 2012.', 'facts': 'The accused has been charged in Spl.S.C.No.8 of 2025. The victim, born on 05.05.2007, was married to the accused on 06.02.2026 after attaining majority. The victim expressed her wish to quash the charge sheet.', 'findings_of_court': 'The court noted that the victim is happily married to the accused and has a child, and thus concluded that continuing the prosecution serves no purpose.', 'issues': "The court framed the issue of whether the charge sheet against the accused should be quashed considering the victim's current circumstances.", 'ratio_decidendi': 'The court reasoned that since the victim is married and living peacefully with the accused, it is not in the interest of justice to continue prosecuting the accused.', 'result': 'In view of the above said facts, the charge sheet in Spl.SC.No.8 of 2025, on the file of the Special Court for exclusive trial of cases under POCSO Act, Madurai, is hereby quashed.'}

Table of Content
1. details of the petition and background of the case. (Para 1 , 2)
2. victim's statement regarding her marriage. (Para 3)
3. court's observation on the practicality of prosecution. (Para 4)

ORDER

The present petition has been filed by the sole accused in Spl.S.C.No.8 of

2025, on the file of the Special Court for exclusively trial of Cases, POCSO Act, Madurai, wherein the petitioner has been charged with the offences under Section 366 of IPC , Section 9 of Prohibition of Child Marriage Act , 2006, Sections 5(l) and 6 of Prohibition of Child from Sexual Offences Act , 2012.

2. The victim is born on 05.05.2007. The alleged occurrence is said to have taken place on 24.04.2023. The victim had attained majority on 05.05.2025. Thereafter, she has got married to the accused person on 06.02.2026. The marriage has also been registered before the Sub Registrar, Kallikudi on 09.03.2026. The child is also born to them.

3. The victim is present in person along with the child and she submits that she had married the accused person and a child is also born to them and they are living peaceful marital life and she requested for quashing of the charge sheet.

4. Considering the fact that the victim girl is married to the accused and she is happily living with the accused person, no purpose would be served in continuing the prosecution as against the accused person.

5. In view of the above said facts, the charge sheet in Spl.SC.No.8 of

2025, on the file of the Special Court for exclusive trial of cases under POCSO Act, Madurai, is hereby quashed.

6. Accordingly, this Criminal Original Petition stands allowed.

Consequently, connected Miscellaneous Petition is closed. The joint compromise memo shall form part and parcel of the order.

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