IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.03.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.6349 of 2026 and Crl.M.P.Nos.4677 & 4678 of 2026 Kalaivanan ... Petitioner vs.

1.The State rep by, Inspector of Police, AWPS, Neyveli, Ariyalur.

(Crime No.11 of 2023).

2.Saritha ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Spl.S.C.No.94 of 2023 pending on the file of the learned Special Court for Exclusive Trial of cases under POCSO Act, Cuddalore and quash the same.

For Petitioner : Mr.C.Muruganandam For R1 : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor ORDER The petitioner/accused, who is facing trial in Special S.C.No.94 of

2023 for offence under Sections 344, 366 & 450 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 the 2^nd respondent is the victim girl and her mother was working as Housekeeper in a Girls School, Neyveli. The 2^nd respondent studied 10^th standard in the year 2021 at the Government Girls Higher Secondary School. Since the 2^nd respondent failed in 10^th standard, she discontinued her studies and went to her sister's house in Azhagapuram, Ariyalur District. During the festival time, the petitioner, who is the paternal aunt’s son of the 2^nd respondent, came to the 2^nd respondent sister’s house. At that time, the petitioner proposed his love to the 2^nd respondent which was accepted by her. On coming to know about the same, the 2^nd respondent’s mother warned the 2^nd respondent. Knowing this, the petitioner came to the 2^nd respondent house in May 2022 to make arrangement for marriage. Since the 2^nd respondent was a minor, the 2^nd respondent’s refused for marriage. On 27.06.2022 at 09.00 a.m. when the 2^nd respondent’s mother had gone to work, the petitioner went to the 2^nd respondent’s house, tied Thali and had physical relationship, and both went to Ariyalur, took a rental house. Thereafter, the petitioner had gone to Dubai for work. The 2^nd respondent cried and asked her mother to come and take care of her. On 03.05.2023 at around 08.00 p.m. the 2^nd respondent had given birth to a male baby in Government Hospital, Cuddalore on 03.05.2023. The petitioner was informed about the birth of male baby, but he refused to visit and take care either the 2^nd respondent or the new born baby. Thereafter, the 2^nd respondent lodged a complaint to the 1^st respondent Police and FIR in Crime No.11 of 2023 registered for offence under Sections 5(n) & 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 LW19 and marked documents and taken on file as Special S.C.No.94 of 2023.

3.Learned counsel for the petitioner submitted that the petitioner and the 2^nd respondent were in love with each other and the 2^nd respondent only insisted the petitioner to marry her despite the petitioner’s resistance. The petitioner accompanied the victim only due to her insistence and compulsion since she threatened that she would end her life. Added to it, the victim 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 2^nd respondent, and both went to Ariyalur. Learned counsel further submitted that there was no force or compulsion by the petitioner to marry the 2^nd respondent. Since the 2^nd respondent was found to be a minor, the 1^st respondent Police registered a case against the petitioner.

4.Learned counsel further submitted that infact the 2^nd respondent in her d