B.Sudalaimani vs The State represented by The Inspector of Police All Women Police Station (Rural) Tirunelveli Tirunelveli

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2026 Supreme(Online)(Mad) 29909

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
B.Sudalaimani – Appellant
Versus
The State represented by The Inspector of Police All Women Police Station (Rural) Tirunelveli Tirunelveli – Respondent
Crl. OP(MD).No.5378 of 2026|Spl.C.C.No.4 of 2026

Important Points

Quashing POCSO proceedings permissible post-victim's majority, marriage to accused, and joint compromise as abuse of process.

Subject

Criminal Law - Quashing of FIR/Charge Sheet

Act Referred

Bharatiya Nagarik Suraksha Sanhita, 2023: S.528
Bharatiya Nyaya Sanhita: S.296, S.115
Protection of Children from Sexual Offences Act, 2012: S.5, S.6, S.17

Headnote

Under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, and Sections 5(1), 5(n), 6, 17 of POCSO Act, 2012 read with Sections 296(b), 115(2) BNS, proceedings initiated based on complaint against accused for offences involving minor victim. Victim attained majority, married accused, and seeks to withdraw prosecution via joint compromise. Court finds continuation of proceedings as abuse of process given marital harmony. Issues framed on quashing chargesheet post marriage and compromise. Ratio: Peaceful married life post-majority renders prosecution abuse of law. Charge sheet quashed; petition allowed.

Advocates:
For the Appellants/Petitioners: Mr.N.Jaisingh
For the Respondents: Mr.R.Meenakshi Sundaram, Mr.Veeravelpandi

Table of Content
1. petition to quash pocso charges under bnss. (Para 1)
2. victim attained majority and married accused. (Para 2)
3. compromise and quashing due to marital harmony. (Para 3 , 4)

ORDER

The present petition has been filed by the accused person in Spl.C.C.No.4 of 2026 on the file of the Special Court for Exclusive Trial of POCSO Act Cases, Tirunelveli seeking to quash the F.I.R wherein they are charged with the offences under Sections 296(b) and 115(2), BNS r/w 5(1), 5(n), 6 and 17 of the Protection of Children from Sexual Offences Act, 2012.

2.The date of birth of the victim is 10.10.2007. She had attained majority on 10.10.2025. She married the defacto complainant on 20.02.2026 on attaining majority and the marriage has been registered before the Registrar of Marriages, Gangaikondan on 17.03.2026.

3.The defacto complainant was present before this Court and submitted that she had married the accused person on 17.03.2026 and she does not want to continue the prosecution. They have also filed a joint compromise memo wherein the defacto complainant has agreed for quashing the charge sheet as against the accused person.

4.Considering the fact that the defacto complainant had married the accused No.1 and they are living peaceful married life, continuation of criminal prosecution as against the accused person should only be an abuse of process of law. Accused Nos.2 and 3 are the parents of the first accused. The charge sheet in Spl.C.C.No.4 of 2026 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Tirunelveli is hereby squashed. This Criminal Original Petition stands allowed. The joint compromise memo shall form part of this order.