POCSO proceedings quashed post consensual relationship, marriage, and family compromise to protect settled family life.

ORDER

The Criminal Original Petition was filed to quash the proceedings in Spl.SC No.65/2023 on the file of the Principal District and Sessions Court, Perambalur, in Cr.No.2/2023 on the file of Inspector of Police, All Women Police Station, Perambalur, Perambalur District for the offences under Section 5 (1), 5 (j) (ii) and 6 of POCSO Act, 2012.

2.The case of the prosecution is that, at the time of the occurrence, the petitioner was approximately 23 years old and the victim was approximately 17 years old. They were neighbors. It is alleged that the petitioner forced the victim into a relationship and committed sexual assault against her. Consequently, she got pregnant. Hence, the complaint was registered.

3.The learned counsel for the petitioner submitted that there was consensual relationship between the petitioner and the victim girl, who was 17 years of age. In her statement recorded under Section 164 Cr.P.C., the victim stated that she was studying XI standard and was in a relationship with the petitioner. She further stated that at the time of the occurrence, she was aged about 16 years old and had sexual intercourse with the petitioner. The learned counsel further submitted that initially, the 2^nd respondent and her family opposed the love affair of the victim girl and the petitioner and thereafter, both family members accepted the same and conduct marriage after the victim girl attains majority. Out of their wedlock, they have a male child. To substantiate the same, the learned counsel for the petitioner filed affidavit of the petitioner, and the victim girl and produced the photocopy of the marriage certificate, Family Card and ID proof of the victim and the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent Police submits that on the complaint given by the victim’s father, a case was registered in Cr.No.2 of 2023 on 18.01.2023 for the offences under Section 5 (1), 5 (j) (ii) and 6 of POCSO Act, 2012. He further submitted that the petitioner resided opposite to the victim’s house and allegedly compelled her to into a relationship by threatening to commit suicide. Further, on 19.11.2022,at about 1.00 p.m the petitioner allegedly called the victim to his house and had intercourse with her. He had physical relationship multiple times in absence of their parents. Consequently, the victim became pregnant and the same was confirmed by Ex.P3 Medical report. Now, the investigation has been completed and final report has been filed before the Mahila Court, Perambalur. He further stated that the victim has since attained majority, she married the petitioner on

04.09.2025 and a male child has been born to them.

5.Now, petitioner and victim girl stated in the affidavit that the petitioner nd and the 2 respondent is agreed to withdraw the complaint lodged against the petitioner in Crime No.2 of 2023. The victim girl has confirmed that she is happily living with the petitioner along with her child with the consent of the nd

2 respondent. Hence, by allowing this petition, no prejudice would be caused to the victim girl and her family members.

6.He further submitted that during the pendency of investigation, both the family members of the victim girl and the petitioner entered into a compromise nd and marriage was conducted and now, the 2 respondent is not inclined to further prosecute the petitioner.

7.This Court considered the rival submissions and perused the materials available on record and also the joint compromise memo filed by the victim girl, nd

2 respondent/mother of the victim girl and the petitioner.

8. It is also apropos to point out that the Supreme Court, in K.Dhandapani vs. The State [2022 LiveLaw (SC) 477], in which the ap