Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 42495

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Ajai – Appellant
Versus
State of Tamil Nadu – Respondent
Crl. OP(MD).No.8119 of 2026

Advocates:
For the Appellants/Petitioners: C.Susikumar
For the Respondents: P.Kottai Chamy, R.Maheswaran

The court may exercise its inherent powers to quash criminal proceedings in POCSO cases when the victim has reached majority, entered into a stable marriage, and voluntarily expresses a desire to discontinue the prosecution to protect their familial life.

Headnote:The petitioner sought to quash the charge sheet in a case involving alleged offenses under the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The victim, who had since attained majority and entered into a marriage with a third party, appeared before the Court, stated she no longer wished to prosecute the case, and had filed an affidavit to that effect. The Court observed that continuing the criminal proceedings would adversely affect the victim's marital life. The core issue was whether criminal proceedings in a sexual offense case involving a minor at the time of the incident can be quashed based on a settlement arrived at after the victim reaches majority and marries. The ratio decidendi rests on the court's discretion to prevent abuse of process and ensure the welfare of the victim, given that the victim expressed no objection to quashing the proceedings in light of her current settled family life. Consequently, the charge sheet in the specified case is quashed, and the criminal original petition is allowed.

Table of Content
1. court records the background of the accused, victim's age, and the compromise affidavit. (Para 1 , 2 , 3)
2. court exercises discretion to quash proceedings to protect the victim's personal and marital well-being. (Para 4)

ORDER

The present petition has been filed by the sole accused in Spl.S.C.No.

21 of 2021 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Kanyakumari at Nagercoil wherein the petitioner is charged with the offence under Section 449 of I.P.C read with Section 5(1) and 6 of Protection of Child From Sexual Offences Act, 2012.

2.The date of birth of the victim girl is 16.06.2003. She attained majority on 16.06.2021. She had married one person namely Alagesh on

27.01.2023.

3.The victim girl is now present before this Court today. She submits that she having married a third party and leading a peaceful married life, does not want to prosecute the present case as against the accused person. She has also filed an affidavit before this Court dated 15.03.2026. Paragraph No.3 of the said affidavit is extracted as follows:

“3.I submit that there is no serious motive behind the occurrence, now I married one Alegesh and I am living happily with my husband. Further the dispute has been amicably settled out of Court with the help of both family members. Since the matter has been compromised I have no objection to quash the charge sheet in Spl.S.C.No.21 of 2021 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Kanyakumari at Nagercoil.”

4.In view of the above said facts, in continuation with the criminal proceedings as against the accused person would affect the marital life of the victim girl. Therefore, considering the views expressed by the victim girl and also the affidavit filed by her, this Court is inclined to quash the charge sheet in Spl.S.C.No.21 of 2021 on the file of the Special Court for Exclusive Trial of Cases Under POCSO Act, Kanyakumari at Nagercoil. Accordingly, the charge sheet in Spl.S.C.No.21 of 2021 stands quashed. This Criminal Original Petition is allowed. The joint compromise memo shall form part of this order.

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2026 Supreme(Online)(Mad) 42495

IN THE HIGH COURT OF JUDICATURE AT MADRASR.Vijayakumar, JAjai – AppellantVersusState of Tamil Nadu – RespondentCrl. OP(MD).No.8119 of 2026

The court may exercise its inherent powers to quash criminal proceedings in POCSO cases when the victim has reached majority, entered into a stable marriage, and voluntarily expresses a desire to discontinue the prosecution to protect their familial life.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Ajai – Appellant
Versus
State of Tamil Nadu – Respondent
Crl. OP(MD).No.8119 of 2026