CRL.OP.No.18745 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP.No.18745 of 2026 1. Selva @ Selvamurugan 2. Krishna 3. Govindhan 4. Rani 5. Mani 6. Raja 7. Ramasamy ..Petitioner(s) Vs. 1. State rep. by, The Inspector of Police, Hogenakkal Police Station, Dharmapuri District. (Crime No.9 of 2022) 2. Xxxxx ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records relating to Spl.SC.No.247 of 2023 on the file of the learned Sessions Judge, Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri. https://www.mhc.tn.gov.in/judis CRL.OP.No.18745 of 2026 __________ Page2 of 6 For Petitioner(s): Mr.V.Sakkarapani For Respondent(s): Mr.R.Rajasekaran, (for R1) Counsel for Government of Tamil Nadu (Crl.Side) ORDER This criminal original petition has been filed seeking to quash the final report filed in Spl.S.C.No.247 of 2023 on the file of the Special Court for Exclusive Trial of cases under POCSO Act, Dharmapuri, for the alleged offences under Sections 5(j)(ii), 5(l), 6(1), 16 & 17 of the Protection of Children from Sexual Offences Act, 2012, (the POCSO Act), and 9 &11 of the Prohibition of Child Marriage Act, 2006, on the ground of compromise between the parties. The parties are present before the Court and, on examination, stand by their compromise and do not want the case to proceed further. 2. The broad contours of the High Court's power to exercise extraordinary jurisdiction under Section 482 of the Cr.P.C. and Section 528 of the BNSS in respect of compromise of non-compoundable offences are laid down by the Hon’ble Supreme Court of India in Gian Singh Vs. State https://www.mhc.tn.gov.in/judis CRL.OP.No.18745 of 2026 __________ Page3 of 6 of Punjab and another (2012 10 SCC 303) and other subsequent judgments. 3. This is a serious case under the POCSO Act, with societal ramifications. As such, the Court will not rely solely on the version of the victim girl/Prosecutrix but has a duty to consider the entire gamut of facts and attendant circumstances. 4. The following circumstances of this case are borne in mind: a. A careful perusal of the allegations does not reveal a forceful assault or enticement under direct or indirect pressure, but the offence arises out of a premature adolescent romantic relationship rooted in mutual innocence and biological attraction; b. The victim girl’s date of birth is taken into account, and she has now turned a major; c. It is submitted that the accused and the victim are married, share an emotional bond, and live as a family; d. They have a child born to them; https://www.mhc.tn.gov.in/judis CRL.OP.No.18745 of 2026 __________ Page4 of 6 e. The second petitioner is working as a mason and the family is eking out a lawful livelihood. 5. The fact that the prosecutrix or the family members are no longer interested in the prosecution, that they are not going to co-operate with the prosecution, and that there is no likelihood of a meaningful trial is also taken into account. 6. This Court, in Vijayalakshmi and another Vs State (2021 SCC Online Mad 317), has already taken the view that such adolescent relationships should not result in the incarceration of the boy alone and has called for appropriate legislative action to deal with these cases separately. 7. The purpose of exercising extraordinary power is to maintain social order. The very purpose behind the POCSO Act will be lost if the trial is allowed to proceed in the instant case, which is, pure and simple, a private relationship between the accused and the victim girl. https://www.mhc.tn.gov.in/judis CRL.OP.No.18745 of 2026 __________ Page5 of 6 8. For all the above reasons, this CRL.OP.No.18745 of 2026, is allowed. The final report in Spl.S.C.No.247 of 2023 on the file of the Special Court for Exclusive Trial of cases under POSCO Act, Dharmapuri District, stands quashed. 16-07-2026 Neutral Citation: Yes Sni To 1.The Sessions Judge, Special Court for Exclusive Trial of cases under POSCO Act, Dharmapuri District. 2.The Inspector of Police, Hogenakkal Police Station, Dharmapuri District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL.OP.No.18745 of 2026 __________ Page6 of 6 D.BHARATHA CHAKRAVARTHY, J. Sni CRL.OP.No.18745 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis