High Court · 2025

Crl.O.P.No.16315 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 17.09.2025CORAM:THE HON'BLE MR.JUSTICE N. SATHISH KUMARCrl.O.P.No.16315 of 2025Loganthan... PetitionerVs.1.The State represented by,The Inspector of Police,All Women Police Station - Kangeyam,Tiruppur District.2.Rajeshwari3.XXX... RespondentsPRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C/528 of BNSS, to call for the entire records in Spl.S.C.No.190 of 2024 pending on the file of the Sessions Judge, Fast Track Mahila Court, Tiruppur and quash the same, on the ground of compromise.For Petitioner:Mr.M.Vijaya RagavanFor R1:Mr.K.M.D.MuhilanAdditional Public ProsecutorO R D E R1/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025The Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.190 of 2024, pending on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruppur, on the basis of the compromise arrived at between the petitioner and the victim.2.Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and perused the materials available on record.3.The crux of the allegations is that the petitioner/accused married the minor victim girl, subjected her penetrative sexual assault on several occasions and caused her to become pregnant. Therefore, based on the complaint given by the de facto complainant/R2, who is working as an Extensive Officer (Social Welfare), Union Office, Kangyam, a case in Crime No.24 of 2024 was registered for the offences under Section 9 of the Child Marriage Act and Sections 5(l), 5(j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act. After completion of investigation, the case was taken up for trial in Spl.S.C.No.190 of 2024 on the file of the learned Sessions Judge, Fast Track Mahila Court, Tiruppur.2/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 20254.Learned counsel appearing for the petitioner submitted that both the petitioner and the victim got married and living jointly and they are having a female child. The parents of the victim girl also accepted them and hence, submitted that the proceedings pending against the petitioner may be quashed. They have also filed a Joint Memo of Compromise to that effect.5. The petitioner and the victim girl/R3 along with their child were appeared before this Court and identified by the counsel as well as by MrP.Marimuthu, HC 818, Vellakovil PS, Tiruppur District.6.On being enquired by this Court, the victim stated that there was a love affair between herself and the petitioner and that she is not willing to undergo this agony any further and wanted the criminal proceedings to be quashed. The victim girl in her statement recorded under Section 180 BNSS, also stated that there was a love affair between herself and the petitioner.7.The learned Additional Public Prosecutor appearing on behalf of the first respondent submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the 3/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.8.Heard both sides and perused the materials available on record.9.In this regard, it is relevant to refer the judgment of the learned Single Judge of this Court in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein the learned single Judge had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted hereunder for proper appreciation:-“ 21.When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.26.In addition to the above, this Court is of the view that 'warning' of attraction of POCSO Act must be displayed before screening of any film, which have teenage characters 4/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025suggesting relationship between boy and girl. 27.Apart from the above, this Court is of the view that as per the 3rd respondent's report, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, 'Child' is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 years old, either in the school final or entering the college, the relationship invariably assumes the penal character by subjecting the boy to the rigorous of POCSO Act. Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 years or 10 years as minimum imprisonment, as the case may be. 28.When the girl below 18 years is involved in a relationship with the teen age boy or little over the teen age, it is always a question mark as to how such relationship could be defined, though such relationship would be the result of mutual innocence and biological attraction. Such relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes. But in such cases where the age of the girl is below 18 years, even though she was capable of giving consent for relationship, being mentally matured, unfortunately, the provisions of the POCSO Act get attracted if such relationship transcends beyond platonic limits, attracting strong arm of law sanctioned by the provisions of POCSO Act, catching up 5/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025with the so called offender of sexual assault, warranting a severe imprisonment of 7/10 years. 29.Therefore, on a profound consideration of the ground realities, the definition of 'Child' under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18. Any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous provisions of the POCSO Act and such sexual assault, if it is so defined can be tried under more liberal provision, which can be introduced in the Act itself and in order to distinguish the cases of teen age relationship after 16 years, from the cases of sexual assault on children below 16 years. The Act can be amended to the effect that the age of the offender ought not to be more than five years or so than the consensual victim girl of 16 years or more. So that the impressionable age of the victim girl cannot be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence”.10.In light of the above judgments, in the present case the petitioner and the third respondent got married and they are now having a child and the parents of the victim also accepted them. Incidents of this nature keep occurring regularly even now in villages and towns and occasionally in cities. Several criminal cases booked under the POCSO Act fall under this category. As a consequence of such a FIR being registered, 6/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025invariably the boy gets arrested and thereafter, his youthful life comes to a grinding halt. The provisions of the POCSO Act, as it stands today, will surely make the acts of the boy an offence due to its stringent nature. An adolescent boy caught in a situation like this will surely have no defense if the criminal case is taken to its logical end. Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act. These incidents should never be perceived from an adult’s point of view and such an understanding will in fact lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with the changing societal needs and bring about necessary changes in law and more particularly in a stringent law such as the POCSO Act.11.The main issue that requires the consideration of this Court is as to whether this Court can quash the criminal proceedings involving non-compoundable offences pending against the petitioner. The Hon'ble 7/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 482 of Cr.P.C, to quash non-compoundable offences. One very important test that has been laid down is that the Court must necessarily examine if the crime in question is purely individual in nature or a crime against the society with overriding public interest. The Hon'ble Supreme Court has held that offences against the society with overriding public interest even if it gets settled between the parties, cannot be quashed by this Court. 12.In the present case, the offences in question are purely individual/personal in nature. It involves the petitioner, the victim girl and their respective families only. It involves the future of two young persons who are still in their early twenties. Quashing the proceedings, will not affect any overriding public interest in this case and it will in fact pave way for the petitioner and the victim girl to settle down in their life and look for better future prospects. No useful purpose will be served in continuing with the criminal proceedings and keeping the proceedings pending will only 8/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025swell the mental agony of the petitioner, victim girl and their parents as well. 13. In view of the above, this Court is inclined to quash the proceedings pending against the petitioner in Spl.S.C.No.190 of 2024, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruppur in exercise of its jurisdiction under Section 482 of Cr.P.C. 14.Accordingly, this Criminal Original Petition is allowed. The proceedings in Spl.S.C.No.190 of 2024, on the file of the Sessions Judge, Fast Track Mahila Court, Tiruppur, is quashed as against the petitioner. The Joint Memo of Compromise filed by the petitioner and victim girl shall form part of this order. 17.09.2025hamNeutral Citation:Yes/No9/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025To 1.The Sessions Judge, Fast Track Mahila Court, Tiruppur.2.The Inspector of Police,All Women Police Station – Kangeyam,Tiruppur District.3.The Public Prosecutor, High Court of Madras.10/11 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16315 of 2025N. SATHISH KUMAR , J. hamCrl.O.P.No.16315 of 202517.09.202511/11