Narayanasami v. State Rep. By, the Deputy Superintendent of Police,

ORDER The petitioner/accused facing trial in Spl.S.C.No.202 of 2024 for offences under Sections 366 of IPC, 5(1), 5(j), 5(j)(ii), 6 of Protection of Child From Sexual Offences Act, 2012 and 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989 filed this quash petition.

2.The case of the prosecution is that on 29.09.2024, the defacto complainant/3rd respondent lodged a complaint stating that her daughter Saritha, aged about 17 years working in a Banian company, while so on

26.09.2024 her daughter was vomiting, hence, she taken her into Primary Health Centre at Nambiyampalayam, after examination they informed her that Page3 of 11 her daughter was pregnant and asked her daughter, she informed that the petitioner and her daughter were in love, since they are working in the same company, during their love affair, on 25.03.2024 she went along with him for outing, while returning to their home in a remote place, they had sexual relationship. Based on complaint, the 2nd respondent police registered a case in crime No.14 of 2024 and charged sheet filed, which was taken on file in Spl.S.C.No.202 of 2024.

3.The learned counsel appearing for the petitioner submitted that after convening panchayath, the petitioner's family and the defacto complainant's family were accepted to arrange the marriage between the petitioner and the victim/defacto complainant's daughter. As per the advise of the Village elders, their marriage was performed and the same was duly registered in the Registrar Office, North I, Coimbatore. In view of the same, the copy of the marriage certificate was produced before this Court. The victim girl gave birth to a female baby on 15.12.2024. In respect of the same, the copy of the birth certificate also produced before this Court. Now, the defacto complainant is not inclined to proceed the criminal proceedings against the petitioner and that both the petitioner and victim girl/defacto complainant's daughter are leading a happy married life with their female child. In respect of the same, they filed a Joint compromise memo, which scanned and reproduced hereunder: Page4 of 11 Page5 of 11 Page6 of 11 Page7 of 11 Page8 of 11

4.The learned Govt. Advocate (Crl.side) appearing for the respondent Police submitted that in this case, during the relevant period, the defacto complainant's daughter was a minor aged about 17 years. she gave birth to a female baby on 15.12.2024. Now she attained majority and They are living as husband and wife happily along with their female child.

5.Considering the submissions and on perusal of the materials, it is seen that the victim/third respondent/defacto complainant's daughter were in love relationship and gave birth to a female baby. Now, they got married and living as husband and wife happily along with their female baby.

6.Today, the petitioner, the third respondent/defacto complainant and her daughter/victim along with female baby appeared before this Court, their identity are confirmed.

7.During interaction, the victim/defacto complainant's daughter informed that she attained majority, both the petitioner and the defacto complainant's daughter are living as husband and wife and they were blessed with a female baby on 15.12.2024. The 3rd respondent/defacto complainant further informed that she is not inclined to proceed with the case and filed a affidavit to that Page9 of 11 effect. The Apex Court in the case of "K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056", 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.

8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the case in Special S.C.No.202 of 2024 pending on the file of the Sessions Judge, Fast Track Mahila Court, Tiruppur, Tiruppur District, is hereby quashed against the petitioner.

9.The affidavits and the Joint Compromise Memo filed by the petitioner and the third respondent/ defacto complainant for compromising the offences shall form part of the records. 05-06-2026 Index: Yes/No Speaking/Non-speaking order sms Page10 of 11 To

¶1The Deputy Superintendent of Police, Avinashi Sub-Division, Tiruppur District.

¶2The Inspector of Police, All Women Police Station, Tiruppur, Tiruppur District. Crime No.14/2024

¶3The Public Prosecutor High Court, Madras. CRLoOPoNo.o14360oofo2026 M.NIRMALoKUMAR,oJ. sms CRLoOPoNo.o14360oofo2026 05-06-2026 Page11oofo11

Page1 of 11 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Narayanasami S/o.Ranganathan, No.6/29, East Street, Thottakalam Pudur, Ramanathapuram, Avinashi, Tiruppur, Tiruppur District. ..Petitioner(s) Vs 1. State Rep. by, The Deputy Superintendent of Police, Avinashi Sub-Division, Tiruppur District. 2. The Inspector of Police, All Women Police Station, Tiruppur, Tiruppur District. Crime No.14/2024 3. Selvi W/o.Aaram, No.6/164-B, Old Colony, Thottakalam Pudur, Ramanathapuram, Avinashi, Tiruppur, Tiruppur District. ..Respondent(s) Page2 of 11 PRAYER: The criminal original petition filed under Section 528 of BNSS, 2023 to call for the records pending on the file of the Learned Sessions Judge, Fast Track Mahila Court, Tiruppur, Tiruppur District in Spl.S.C.No.202/2024 and quash the Criminal proceeding and pass such further or other orders as this Honble Court may deem fit and proper in the above stated circumstances and thus render justice. For Petitioner(s): Mr.E.Kannadasan For Respondent(s): Mr.R. RAJASEKARAN Govt. Advocate (CRL. SIDE) For R1 and R2