S. Shanmugavel v. The State Represented by

ORDER The petitioner/accused, who is facing trial in Spl.S.C. No.179 of 2023, before the learned Mahila Court, Chennai, has filed this Criminal Original Petition. Page2 of 8

2.The case of the prosecution is that at the time of the occurrence, the second respondent/de facto complainant, aged 17 years, was studying in a School. While the de facto complainant was out for shopping, the petitioner became acquainted with her, which later developed into a love affair. Subsequently, on the promise of marriage, the petitioner had sexual intercourse with her on several occasions. When the de facto complainant developed symptoms of vomiting and general weakness, her mother took her to the Hospital. During the medical examination, the Doctor fund that she was pregnant and considering the fact that she was minor, she informed the respondent Police. Subsequently, an FIR was registered. Upon completion of the investigation, a final report was filed and the same has been taken on file in Spl.S.C. No.179 of 2023.

¶3The learned counsels for both the petitioner and the second respondent submitted that the petitioner and the second respondent/victim girl were in a love relationship. Though the victim was a minor at the time of the occurrence, now she attained majority. It is further submitted that she has married the petitioner and they are now living together as husband and wife and leading the matrimonial life happily and peacefully. Out of their wedlock, they are blessed with a female child on 10.06.2023. Therefore the de facto complainant is not inclined to proceed the criminal proceedings against the petitioner and prays for quashing of the criminal proceedings. In respect of the same, they filed a Joint Compromise Memo, which is scanned and reproduced hereunder: Page3 of 8 Page4 of 8 Page5 of 8 Page6 of 8

4.The learned Govt. Advocate (Crl.side) appearing for the first respondent Police submitted that during the relevant period of the offense, the victim was a minor and now, she attained majority and has given birth to a female child. The petitioner and the victim are living together as husband and wife happily along with their female child.

¶5Heard the learned counsels appearing on either side and perused the materials available on record.

¶6Today, the petitioner, victim and their girl baby appeared before this Court and their identity is confirmed by the respondent Police

¶7During interaction, the second respondent/victim informed that she attained majority, both the petitioner and the second respondent/victim are living as husband and wife and they are blessed with a girl baby. The second respondent/victim further informed that she is not inclined to proceed with the case and filed an affidavit to that effect along with Joint Compromise Memo. Though the offences under POCSO Act are serious and generally non-compoundable, this Court must consider the subsequent events and ground realities to preserve the welfare of the victim and her child. In similar matrix, the Apex Court in K.Dhandapani vs. State by the Inspector of Police reported Page7 of 8 in 2022 SCC Online SC 1056, 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 Spl.S.C. No.179 of 2023 pending on the file of the learned Mahila Court, Chennai, is hereby quashed against the petitioner. Consequently, connected miscellaneous petition is closed.

9.The affidavit and the Joint Compromise Memo filed by the petitioner and the second respondent/de facto complainant for compromising the offences shall form part of the records. 25-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To

¶1The Mahila Court, Chennai

¶2K-11, All Women Police Station, Koyambedu, Chennai-600 107. Crime NO.152 of 2023

¶3The Public Prosecutor, High Court, Madras CRLoOPoNo.o15703oofo2026 M.NIRMALoKUMAR,oJ. PVS CRLoOPoNo.o15703oofo2026 25-06-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR S. Shanmugavel ..Petitioner(s) Vs 1. The State Represented by K-11, All Women Police Station, Koyambedu, Chennai-600 107. Crime No.152 of 2023 2. S. Thirampathi ..Respondent(s) To call for the records and QUASH the proceedings in Spl.S.C. No.179 of 2023 on the file of the Learned Mahila Court, Chennai and pass such orders as may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): Mr.R.Honest For Respondent(s): Mr.R.Rajasekaran, G.A.(Crl. Side), for R1 M/s.A.Anupriya, for R2