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2026 Supreme(Online)(Mad) 39048
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Pethuraj @ Pethurasu – Appellant
Versus
Inspector of Police – Respondent
Crl.OP.(MD)No.5021 of 2024|Crl.M.P.(MD).Nos.3922 & 3924 of 2024|SPL CC No.184/2023|Crime No.293/2022
For the Appellants/Petitioners: M/s.G.Anto Prince
For the Respondents:Mr.A.Albert James Govt., Advocate (Crl.side) for R1, Mr.N.Jamzeer Ali for R2, Mr.K.R.Badurszaman for R3
Charge sheet under POCSO quashed post-victim's majority and compromise.
Headnote:The petition under Section 528 of BNSS Act seeks to quash the charge sheet in SPL CC No.184/2023 for offences under Sections 6, 5(n), 5(j)(ii) of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006. The victim attained majority prior to marriage with the accused, which was subsequently registered. The de facto complainant entered a compromise agreeing to quashing. Court finds compromise valid post-majority. Issue framed: Whether charge sheet should be quashed based on compromise after victim attained majority. Ratio: Post-attainment of majority, victim's consent and compromise justify quashing proceedings under POCSO and child marriage laws. Charge sheet quashed; petition allowed.
| Table of Content |
|---|
| 1. charges under pocso and child marriage post-victim majority. (Para 1 , 2) |
| 2. compromise by de facto complainant validated. (Para 3 , 4) |
| 3. charge sheet quashed; petition allowed. (Para 5 , 6) |
ORDER
The present petition has been filed by the sole accused in Spl.C.C.No.184 of 2023 on the file of the Special Court Exclusive Trial of Cases under the POCSO Act, Tirunelveli District, seeking to quash the charge sheet, wherein, the petitioner is charged with offence punishable under sections 6, 5(n), 5(j)(ii)
of POCSO Act and Section 9 of Prohibition of Child Marriage Act, 2006. 2. A perusal of the records reveal that the victim girl’s date of birth is
09.11.2005, and she had attained majority on 09.11.2023. After attaining majority, she married the petitioner/sole accused herein on 22.01.2024, and the marriage was registered before the Office of the Sub-Registrar, Sivagiri, on
02.03.2026.
3. The Defacto-complainant and the petitioner/accused person have entered into a compromise, wherein the defacto-complainant had agreed for quashing of the charge sheet.
4. Today the defacto-complainant is present in person before this court and she submits that the charge sheet may be quashed.
5. Considering the above said facts, the charge sheet in Spl.C.C.No.184 of 2023 on the file of Special Court for Exclusive Trial of Cases under the POCSO Act, Tirunelveli District is hereby quashed.
6. Accordingly, this Criminal Original Petition stands allowed. The joint compromise memo shall form part and parcel of the order. Consequently, connected miscellaneous petitions are closed.
