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CRL OP No.34671 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026

CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

CRL OP No. 34671 of 2025 AND

CRL MP NOS. 201 and 202 OF 2026

1. Thennarasu S/o.Velayatham,

No.50, Kumarampatti Village, K.Ettipatti post, Uthangarai Taluk,

Krishnagiri District.

2. Anbu S/o.Lakshmanan, 3. Lakshmi Devi,

W/o.Anbu petitioners 2 and 3 are residing at No.110, Dhandapani Kovil Street,

Tirupattur Town and District.

4. Sivagami W/o.Velayatham,

No.50, Kumarampatti Village, K.Ettipatti post, Uthangarai Taluk,

Krishnagiri District. Petitioners/A1 to A4

Vs

1. The State Rep. by The Inspector of Police,

Tirupattur Town Police Station, Tirupattur District.

(Crime No.44/2025)

2.Sargunam W/o.Ramachandiran,

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CRL OP No.34671 of 2025

Women Village Welfare Officer, Panchayath Union,

Thirupathur District.

Respondent(s)

PRAYER: The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to call for the records pending on the file of the learned District and Sessions Judge, Tirupattur, Tirupattur District in Spl.S.C.No.125 of 2025

and quash the criminal proceedings based on the compromise

For Petitioners : Mr.E.Kannadasan For Respondent-1: Mr.Leonard Arul Joseph Selvam

Additional Public Prosecutor Assisted by

Ms.Harshana, T.

ORDER

The petitioners/A1 to A4, who are facing trial in Spl.S.C.No.125 of

2025 for offence under Sections 5(l) and 6 of Protection of Child from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Sections 9 and 10 of Child

Marriage Restraint Act, 1929, had filed this quash petition.

2.The case of the prosecution is that on 16.09.2021, the petitioners/A1

to A4 joined together planned and conducted the marriage of the victim minor girl Keerthana, aged about 17 years. Out of the marriage, she gave birth to one male and one female child. On the complaint from the Village Welfare Officer,

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CRL OP No.34671 of 2025

Panchayat Union, Tirupattur District, an enquiry conducted and a case in Crime No.44 of 2025 for offence under Sections 5(l) and 6 of POCSO Act and Sections 9 and 10 of Child Marriage Restraint Act registered. The investigation revealed that the second and third petitioners are the parents of the victim girl Keerthana and she studied upto 9^th standard in Mary Immaculate Girls Higher Secondary School, Tirupattur. Her date of birth is 22.06.2008. The fourth petitioner/A4 is the mother of first petitioner/A1, who was working as driver of Hitachi vehicle at Kerala. The petitioners 1 to 4 are close relatives. When the victim minor girl was studying in 9^th standard, the victim and first petitioner/A1 fell in love with each other. The first petitioner’s father is no more. On coming to know about the love affair, the parents joined together planned to have a marriage of minor girl Keerthana. Accordingly, on 16.09.2021 at about 04.30 hours, the marriage of minor girl with first petitioner conducted at Uthangarai, Aadhiyanoor Perumal Kovil along with their friends and relatives. The victim and first petitioner were residing in a rented house in Kerala as husband and wife. Out of the marriage, minor Keerthana delivered one male child and one female child. Both children delivered at Government Hospital, Tirupattur. On getting information about the child marriage, the de facto complainant, Woman Village Welfare Officer lodged a complaint and after registration of F.I.R., investigation conducted listing LW1 to LW14 and on collection of documents

charge sheet filed in this case.

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CRL OP No.34671 of 2025

3.The contention of the petitioners is that the petitioners belonged to

ST community and as per their Caste Customs, they perform the marriage of the girl after she attaining puberty. As regards the petitioners, the first petitioner is the maternal uncl