IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Manidass ... Petitioner vs.

1.State Rep by Inspector of Police, All Women Police Station, Neyveli, Cuddalore District.

(Crime No.16 of 2023).

2.Expanded Officer, Social Welfare Officer, Kurinjipadi, Cuddalore District.

3.Anitha ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and quash the final report in Spl.S.C.No.146 of 2023 in Crime No.16 of 2023 on the file of the Special Court for Exclusive trial of cases under POCSO Act, Cuddalore under the ground of compromise.

For Petitioner : Mr.G.Saravanabhavan For R1 : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor ORDER The petitioner/accused, who is facing trial in Special S.C.No.146 of

2023 for offence under Sections 344 & 366 IPC and Section 9 of Prohibition of Child Marriage Act, 2006 and Sections 5(l), 5(n), 5(j)(ii) & 6 of Protection of Children from Sexual Offences Act, 2012 before the learned Sessions Judge, Special Court for Exclusive trial of cases under POCSO Act, Cuddalore, has filed this Criminal Original Petition on the ground of compromise.

2.Case of the prosecution is that on 09.06.2023 at 17.00 p.m. the 2^nd respondent viz., Extension Officer, Kurinjipadi Panchayat Union Office lodged a complaint to the 1^st respondent Police stating that the 3^rd respondent, a minor and the petitioner on 19.08.2022 got married at the Mariamman Temple in Adur Agaram without knowing the family, as a result of which, the 3^rd respondent became pregnant and gave birth to a male child in Kurinjipadi Government Hospital on 06.06.2023. The background of the case is that the petitioner and the 3^rd respondent, a minor aged about 16 years, were in love relationship for the past two years before the occurrence. On coming to know about the love relationship, the 3^rd respondent’s parents warned the 3^rd respondent and refused for marriage with the petitioner. On 19.08.2022 in the early morning at 04.00 a.m. the petitioner and the 3^rd respondent left their home and the petitioner tied Thali at Adur Agaram Mariyamman Temple at 06.00 a.m. despite knowing the 3^rd respondent was a minor. Since the petitioner’s parents were not inclined to the marriage, the petitioner and the 3^rd respondent took a rental house at Adur Agaram and led a marriage life. At that time, the petitioner had a physical relationship with the 3^rd respondent, as a result of which the 3^rd respondent became pregnant, and on 06.06.2023, she gave birth to a male child at the Government Hospital, Kurinjipadi. From there, information was sent to the 1st respondent Police and FIR in Crime No.16 of 2023 registered for offence under Sections 5(l) & 5(j)(ii) r/w 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act, 2008. On conclusion of investigation, charge sheet filed before the trial Court listing LW1 to LW23 and marked documents and taken on file as Special S.C.No.146 of 2023.

3.Learned counsel for the petitioner submitted that the petitioner and the 3^rd respondent were in love with each other and the 3^rd respondent only insisted the petitioner to marry her despite the petitioner’s resistance. The petitioner accompanied the 3^rd respondent only due to her insistence and compulsion since she threatened that she would end her life. Added to it, the 3^rd respondent informed the petitioner that she is more than 18 years of age and attained majority. The petitioner having no other option had to marry the 3^rd respondent, and both got married in Mariyamman Temple, Adur Agaram. Learned counsel further submitted that there was no force or compulsion by the petitioner to marry the 3^rd respondent. Since the 3^rd respondent was found to be a minor, the 2^nd respondent lodged complaint to the 1^st respondent Police and a case registered against the petitioner.

4.Learned counsel further submit