Parthiban v. State rep. by Inspector of Police, AWPS - Cheyyar
2026-06-05
M Nirmal Kumar
body2026
DailyLaw.ai
ORDER : M. Nirmal Kumar, J. This criminal original petition is filed to call for records relating to Special S.C. No. 275 of 2025 pending on the file of Fast Track Mahila Court, Tiruvannamalai, in connection with Crime No. 9 of 2025 on the file of the 1 st respondent Police. 2. The case of the prosecution is that on 14.03.2025, the 1 st respondent Police received information from Government Hospital, Cheyyar, stating that a girl, aged about 17 years, had come to the hospital and upon examination, she was found to be 9 weeks pregnant. Upon enquiry, the victim girl stated that she and one Parthiban/1st petitioner herein were in love with each other. As there was strong familial opposition on both sides, the victim girl and the 1 st petitioner herein eloped and got married in a temple on 20.01.2025. Even thereafter, the parents of both the victim girl and the 1 st petitioner refused to accept them resulting in the couple living in a rented house. Subsequently, the victim girl, who was a minor, became pregnant. 3. Pursuant to the complaint lodged, a case in Crime No. 9 of 2025 was registered as against the petitioners herein for offences under Sections 64(2)(m) & 87 of BNS r/w Sections 5(l), 5(i)(ii), 6(1) & 17 of POCSO Act r/w Section 9 of Prohibition of Child Marriage Act, 2006. After completion of investigation, the final report was filed listing 12 witnesses and the same was taken cognizance in S.C. No. 275 of 2025 by the Special Court for Exclusive Trial of Cases under the POCSO Act , Thiruvannamalai District. Thereafter, the case was made over on 07.10.2025 and transferred to the Fast Track Mahila Court, Thiruvannamalai. 4. Learned counsel for the petitioners submitted that the 1 st petitioner and the victim girl were in love with each other for quite some time. When the family of the victim girl and that of the 1 st petitioner came to know about the relationship, they objected to the same. Therefore, the victim girl and the 1 st petitioner decided to get married in a temple. The 1 st petitioner and the victim girl went to Osooramman Temple in Brahmadesam on 20.10.2025, got married and started living together. Thereafter, the victim became pregnant.
Therefore, the victim girl and the 1 st petitioner decided to get married in a temple. The 1 st petitioner and the victim girl went to Osooramman Temple in Brahmadesam on 20.10.2025, got married and started living together. Thereafter, the victim became pregnant. The learned counsel for the petitioners submitted that the victim has now attained majority and the parents of both the victim girl and the 1 st petitioner have accepted their relationship and solemnized their marriage. It is further stated that the 1 st petitioner and the victim girl have been blessed with a male child and all are living happily in harmony. 5. Learned Government Counsel (Crl.Side) for the first respondent submitted that the 1 st petitioner married the victim girl when she was a minor and committed penetrative sexual assault. The victim became pregnant, she went to the hospital for health check-up, and from the hospital, information was received by the respondent Police; a case in Crime No. 9 of 2025 was registered; during investigation, it was confirmed that the victim girl was a minor and her date of birth was 24.09.2007; the Doctor, who examined the victim girl confirmed penetrative sexual assault; statements were recorded and on completion of investigation, charge sheet was filed listing 12 witnesses. Learned Government Counsel further submitted that the victim girl has now attained majority and both the families have accepted their relationship and solemnized their marriage. Further, the couple have been blessed with a male baby out of the wedlock. 6. Heard the learned counsel for all parties and perused the materials on record. 7. The case is at the stage of trial. Since the parties have now amicably settled the issue among themselves, they seek to quash the proceedings pending against the petitioners. Affidavits and a Joint Compromise Memo have been filed. 8. The petitioners and the victim girl/2nd respondent along with the child appeared before this Court and were identified by their respective counsel as well as by Ms.M. Nithya, WPC 1567, Cheyyar AWPS, Thiruvannamalai. 9. On interaction by this Court, the victim stated that the issue has been amicably settled and she is not willing to pursue the criminal proceedings as against the petitioners and therefore, seeks to quash the same. 10.
9. On interaction by this Court, the victim stated that the issue has been amicably settled and she is not willing to pursue the criminal proceedings as against the petitioners and therefore, seeks to quash the same. 10. An affidavit dated 27.03.2026 has been filed by the victim girl/2nd respondent herein stating that she has attained majority and that both the families have accepted their relationship and solemnized their marriage on 24.10.2025. The marriage was duly registered on 21.11.2025 before Sub Registrar’s Office, Vembakkam and a marriage certificate bearing Sl.No.TMR/Vembakkam\\34/2025 has also been issued. Further, she would state that she is leading a happy and peaceful matrimonial life with the 1 st petitioner and out of the said wedlock, they have been blessed with a male child, namely, P. Deekshan and birth certificate dated 16.10.2025 has bee issued by Vellore Corporation, Zone II. The victim is not willing to pursue the case against the petitioners. 11. The Joint Memo of compromise filed by the parties dated 27.03.2026 is scanned and reproduced below: 12. Learned Government Counsel (Crl.Side) 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 seriousness of the offences, has to consider the issue as to whether offences of this nature can be quashed on the ground of compromise between parties. 13. It is seen that victim girl attained majority, married and living happily with the 1 st petitioner and they have been blessed with a male child. The Apex Court in the case of “ K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056 â€, 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 as well as the victim. In view of the same, this Court finds that continuation of the proceedings will serve no purpose and it is only an abuse of process of law. Hence, this Court is inclined to quash the proceedings pending against the petitioners in S.C. No.275 of 2025 pending on the file of Fast Track Mahila Court, Thiruvannamalai, in exercise of its jurisdiction under Section 482 Cr.P.C./ Section 528 BNSS . 14.
Hence, this Court is inclined to quash the proceedings pending against the petitioners in S.C. No.275 of 2025 pending on the file of Fast Track Mahila Court, Thiruvannamalai, in exercise of its jurisdiction under Section 482 Cr.P.C./ Section 528 BNSS . 14. Accordingly, this Criminal Original Petition stands allowed and the proceedings in S.C. No. 275 of 2025 pending on the file of the Fast Track Mahila Court, Tiruvannamalai, is quashed as against the petitioners. 15. The affidavits and the Joint Memo of Compromise filed by the petitioners and the victim girl for compromising the offences shall form part of the records.