Criminal proceedings may be quashed under the court's inherent powers when subsequent events, such as a legal marriage and the birth of children, render the continuation of the trial an abuse of the process of law and detrimental to a happy family life.

Erode.

(Crime No.383 of 2022)

3. Sri Lekha Selvam

4. Saranya ..Respondents

Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the records in Spl.S.C.No.49 of 2024 on the file of the Sessions Judge, Fast

Track Mahila Court, Erode and quash the same.

For Petitioner: Mr. M. Devaraj

For Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor

assisted by Ms. T. Harshana for R1 and R2

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O R D E R

The petitioner/accused, who is facing trial in Spl.S.C.No.49 of 2024 for

offences under Sections 5(j)(ii) and 6 of Protection of Child from Sexual Offences Act 2012 , Section 9 of Prohibition of Child Marriage Act, 2006, Sections 3(1)(w)(i) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015 and Sections 366, 344 and 376(3) of IPC, before the learned Sessions Judge, Fast Track Mahila Court,

Erode, has filed this Criminal Original Petition on the ground of compromise.

2. The case of the prosecution is that the 4^th respondent was living with

her mother and completed her 12^th standard. On 13.06.2021, she secretly married the petitioner, but continued to reside in their respective homes. Subsequently, she became pregnant and informed the petitioner; upon examination at a Primary Health Centre, she was found to be eight months pregnant. On that day, the victim was 17 years old. Hence, based on the information received from the Erode Child line Project Coordinator, the police registered a case. The investigation has now been completed and a charge sheet

has been filed listing 23 witnesses.

3. The learned counsel for the petitioner submitted that the petitioner and

the 4^th respondent are husband and wife, who got legally married on 26.04.2024

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and their marriage was registered on 06.11.2025. It was further submitted that a second male baby was born to them on 26.09.2025 and they are now leading a

happy marital life. Hence, he prays for quashing.

4. The learned Additional Public Prosecutor appearing for the

respondents 1 and 2 submitted that, during the relevant period, the victim was a minor and her date of birth is 28.06.2005. The victim was examined by the Doctor. It was further submitted that the victim gave birth to a second male baby on 26.09.2025. The 1^st respondent Police also enquired and found from

the neighbours that they are living as husband and wife happily.

5. This Court has considered the rival submissions and perused the

materials available on record, including the affidavits filed by the petitioner and the 4^th respondent, the joint compromise memo, the marriage registration

certificate and the birth certificate of baby.

6. Today the petitioner and the 4^th respondent appeared before this Court

and their identities were confirmed by the 2^nd respondent Police. During interaction, the 4^th respondent/victim informed that she attained majority, both the petitioner and the 4^th respondent/victim are living as husband and wife and

they were blessed with a 2^nd male baby on 26.09.2025.

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7. The joint compromise memo is extracted hereunder: “The petitioner states that the Final report has been

filed against the petitioner for the alleged offence under section 5(1)(ii),6,9, of Protection of Child from Sexual Offences Act 2012 , section 3(1)(W)(i) and 3(2)(va) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015, 366, 344, 376(3) IPC in special SC No.49 of 2024, on the file of the Sessions

Judge, Fa