The High Court may exercise inherent powers to quash criminal proceedings involving POCSO and child marriage offences when the parties have amicably settled, are cohabitating in a stable matrimonial union, and the continuation of trial would cause undue hardship to the established family life.

ORDER

The petitioners/A1 to A3, who are facing trial in Spl.SC.No.186 of

2025 pending before the Sessions Judge Magalir Needhi Mandram, Chennai, for offence under Sections 5(l), 6(1) of Protection of Child from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and Sections 9 and 10 of Child Marriage Restraint Act, 2006, had filed this quash petition.

2. The case of the prosecution is that the 1^st petitioner married the victim/2nd respondent on 19.05.2024 at Sri Devi Kadal Muthukarumari Amman Koil Mandabam, in the presence of the 2^nd and 3^rd petitioners. The 1^st petitioner had a physical relationship with the victim and subsequently, the victim became pregnant. On 06.07.2025, a male child was born and later, on 07.07.2025, the child was died. At that time of marriage, the victim did not complete 18 years of age. Thus, the respondent Police registered a case against the petitioners in Crime No.15 of 2025 for the alleged offences mentioned above.

3. The contention of the petitioners is that the 1^st petitioner and the victim had love affair with each other and ultimately they decided to get married and start their life. At that time, the victim had crossed the age of 18 years. Though, initially, the parents opposed the love affair, thereafter marriage was performed as per their community customs and practices. The marriage was also attended by the villagers and close relatives and out of the marriage one male child born on 06.07.2025. However, the child died on 07.07.2025. The death certificate of the deceased child is produced before this Court. Both the 1^st petitioner and the defacto complainant are leading their matrimonial life. Even after registration of the case both are living together as husband and wife. They have also filed affidavits and Joint Compromise Memo to that effect.

4. The learned Additional Public Prosecutor submitted that the de facto complainant is a minor aged about 17 years. The second and third petitioners have performed the Child Marriage in Sri Devi Kadal Muthukarumari Amman Koil Mandabam, 5. Considering the facts and circumstances of the case and the submissions made on either side, it is seen that the dispute between the petitioners and the de facto complainant has been amicably settled. The de facto complainant has filed an affidavit as well as a Joint Compromise Memo stating that she is now living with the 1st petitioner as his wife and they are leading a peaceful matrimonial life.

6. It is further noted that the occurrence arose out of a love affair between the 1st petitioner and the de facto complainant and the marriage was performed in the presence of their family members and villagers. The continuation of criminal proceedings, in such circumstances, would serve no useful purpose and would only result in hardship to both parties. A scanned reproduction of the joint compromise memo is as follows:-

7. The Hon’ble Apex Court in the case of “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the petitioner/accused as well as the victim girl. In view of the same, this Court is of the view that allowing the petitioner and the victim girl to lead a happy family life would be the real justice. Both parties filed affidavits and Joint Compromise Memo to that effect.

8. Though the offences alleged are under the Protection of Children from Sexual Offences Act, 2012 and the provisions relating to child marriage, this Court, taking into account the peculiar facts of the case, the subsequent marriage, cohabitation, and the compromise entered into between the pa