✦ Madras High Court

Judgment · High Court

M NIRMAL KUMAR4 min read

Case at a glance

Bench
M NIRMAL KUMAR

Outcome

Allowed

Accordingly, this Criminal Original Petition stands allowed and consequently, Spl

Key paragraphs

  • Para 77. Accordingly, this Criminal Original Petition stands allowed and consequently, Spl.S.C.No.73 of 2025 on the file of the learned Sessions Judge, Mahila Court, Perambalur, is quashed. 12.06.2026Index: yes/noSpeaking order/Non-speaking orderNeutral Citation: yes/nogrsTo1. The Sessions Judge, Mahila Court, Perambalur.2. The Public Prosecutor, High Court of Madras.3.…

Judgment

Crl.O.P.No.14262 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.06.2026CORAM :THE HON’BLE MR.JUSTICE M.NIRMAL KUMARCrl.O.P.No.14262 of 2026 Ranjith Kumar.. PetitionerVersus1. State rep by, The Inspector of Police, All Women Police Station – Mangalamedu, Perambalur District. (Crime No.08/2025)

2.

Tamilselvi, Rural Women Welfare Officer, Veppanthattai, Perambalur District.

3.

XXX .. RespondentsPrayer : Criminal Original Petition filed under Section 528 of BNSS, to call for the entire records in connection with Spl.S.C.No.73 of 2025, on the file of the learned Sessions Judge, Mahila Court, Perambalur and quash the same, on the ground of compromise. For Petitioner: Ms.S.RithikaFor Respondents: Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side), for R11/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14262 of 2026ORDERThe petitioner / accused facing trial in Spl.S.C.No.73 of 2025 on the file of the learned Sessions Judge, Mahila Court, Perambalur for the offences punishable under Section 9 of the Child Marriage Restraint Act, 1929 and Sections 5(l), 5(j)(ii) and 6 of the Protection of Child from Sexual Offences Act, 2012, has filed this quash petition.2. The contention of the petitioner / accused is that based on the complaint lodged by the second respondent, a case in Crime No.

8 of 2025 was registered on 12.02.2025 on the file of the first Respondent police against the petitioner. Upon completion of the investigation, a final report was filed and taken on file in Spl.S.C.No.73 of 2025 by the learned Sessions Judge, Mahila Court, Perambalur, for alleged offences under Section 9 of the Child Marriage Restraint Act, 1929 and Sections 5(l), 5(j)(ii) and 6 of the Protection of Child from Sexual Offences Act, 2012. However, it is submitted that the petitioner and the victim were deeply in love. After the victim (born on 07.05.2008) attained majority, the parties lawfully married on 18.05.2026. They are currently leading a happy and peaceful matrimonial life and have been blessed with a one-year-old female child. The victim has stated her unwillingness to pursue the case 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14262 of 2026against the petitioner, emphasizing that the continuation of the trial or any conviction would cause great hardship to their family and minor child, thereby defeating the ends of justice.

The parties have entered into this compromise voluntarily without any coercion. Hence, praying for quashing the case on the ground of compromise.3. The learned Counsel for Government of Tamil Nadu (Crl. Side) for the first respondent submitted that based on the complaint given by the second respondent, FIR in Crime No.8 of 2025 has been registered and investigation has been completed and charge sheet has been filed in Spl.S.C.No.73 of 2025 before the learned Sessions Judge, Mahila Court, Perambalur for the offences punishable under Section 9 of the Child Marriage Restraint Act, 1929 and Sections 5(l), 5(j)(ii) and 6 of the Protection of Child from Sexual Offences Act, 2012. He further submitted that now the case is at the stage of pending trial. In the meantime, both the petitioner and the second respondent arrived at a compromise and settled the issues between them.

4.

Considering the submissions made by the parties and on perusal of entire materials, it is seen that the case is pending trial. At this 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14262 of 2026stage and also by passage of time, the parties have decided to bury their hatchet and decided to compromise the dispute amicably among themselves.

5.

Today, the petitioner and the second respondent are present before this Court and their identity is confirmed by the first respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The parties have filed a joint compromise memo to that effect duly signed by both of them.

6.

Under such circumstances, no useful purpose will be served in keeping Spl.S.C.No.73 of 2025 pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in (2017) 9 SCC 641 - (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjarth and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes Spl.S.C.No.73 of 2025 on the file of the 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14262 of 2026learned Sessions Judge, Mahila Court, Perambalur.

Operative part

7.

Accordingly, this Criminal Original Petition stands allowed and consequently, Spl.S.C.No.73 of 2025 on the file of the learned Sessions Judge, Mahila Court, Perambalur, is quashed. 12.06.2026Index: yes/noSpeaking order/Non-speaking orderNeutral Citation: yes/nogrsTo1. The Sessions Judge, Mahila Court, Perambalur.2. The Public Prosecutor, High Court of Madras.3. The Inspector of Police, All Women Police Station – Mangalamedu, Perambalur District. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.14262 of 2026M.NIRMAL KUMAR, J.grsCrl.O.P.No.14262 of 202612.06.20266/6

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, this Criminal Original Petition stands allowed and consequently, Spl

Which statutory provisions did this judgment involve?

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Child Marriage Restraint Act, 1929 — s. 9; Sexual Offences Act, 2012; Code of Criminal Procedure, 1973 — s. 482.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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