CRL OP No. 18116 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18116 of 2026 and Crl.M.P.Nos. 12099 & 12100 of 2026 Kalaiselvan S/o Kaliyan, 42-A, East Street, Mohur Village, Sankarapuram Taluk, Kallakurichi District. ..Petitioner(s) Vs 1. The State Rep By, The Inspector of Police All Women Police Station, Kallakurichi & District. (Crime No.2 of 2025) 2. Anitha W/o Kalaiselvan, 42-A, East Street, Mohur Village, Sankarapuram Taluk, Kallakurichi District. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in connected with the Criminal Proceedings in Spl.SC.No.26 of 2025 on the file of the learned Principal District and Sessions Judge, Kallakurichi. For Petitioner(s): Mr.G.Balamanikandan For Respondent(s): Mr.R.Rajasekaran Government Counsel (Crl. Side) for R1 https://www.mhc.tn.gov.in/judis CRL OP No. 18116 of 2026 __________ Page2 of 4 ORDER The Criminal Original Petition is filed to quash the proceedings in Spl.SC.No.26 of 2025 on the file of the learned Principal District and Sessions Judge, Kallakurchi for the alleged offences under Sections 9(n) r/w. 10 of the POCSO Act, 2012 and Section 75(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998. 2. The parties namely, the mother of the victim child and the petitioner are present. They would reiterate that they have compromised the issue. It is seen that they are husband and wife and subsequently, they are living together. Be that as it may, the offence under the POCSO Act is serious in nature and therefore, in this case, this Court will not go by the mere compromise of the mother of the victim child alone. In that view of the matter, when this court went through the allegations made, the allegation was made against the father for misbehaving with the child. However, when the victim child was taken before the learned Judicial Magistrate for recording the statement under Section 164, the child has not supported the prosecution case and the child has not said about inappropriate behaviour by the accused. 3. Considering the same, I am of the view that this is a fit case for excise of power under Section 482 of the Code of Criminal Procedure in view of the compromise between parties. https://www.mhc.tn.gov.in/judis CRL OP No. 18116 of 2026 __________ Page3 of 4 4. Accordingly, the Crl.O.P.No. 18116 of 2026 stands allowed. The proceedings in Spl.S.C.No. 26 of 2025 on the file of the Principal District and Sessions Judge, Kallakurichi stands quashed. Consequently, connected miscellaneous petitions are closed. 15-07-2026 Neutral Citation: No KKN To 1. The Inspector of Police, All Women Police Station, Kallakurichi & District. 2. The Principal District and Sessions Judge, Kallakurichi. 3. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 18116 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. KKN CRL OP No. 18116 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis