Pormannan v. The Inspector of Police

ORDER

¶1This Criminal Original Petition seeks to quash the proceedings in Spl.SC.No.20 of 2024 on the file of the Special Judge, POCSO Case, Dharmapuri District for alleged offences under Sections 363, 366 of I.P.C. and 5(1), 6(1) of the Protection of Children from Sexual Offences Act, 2012, (the POCSO Act) 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.

¶2The 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 of Punjab and Another (2012 10 SCC 303)and other subsequent judgments. Page3 of 5

¶3This 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 child/Prosecutrix but has a duty to consider the entire gamut of facts and attendant circumstances.

¶4The 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 child'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) The accused is working as Construction Worker and the family is eking out a lawful livelihood.

¶5The 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.

¶6This Court, in Vijayalakshmi and Another -Vs-State (2021 SCCOnline Mad 317), has already taken the view that such adolescent relationships should not Page4 of 5 result in the incarceration of the boy alone and has called for appropriate legislative action to deal with these cases separately.

¶7The 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 child.

¶8For all the above reasons, Crl.O.P. No.18409 of 2026 is allowed. The proceedings in Spl.SC.No.20 of 2024 on the file of the Special Judge, POCSO Cases, Dharmapuri District stands quashed. Consequently, connected Criminal Miscellaneous Petitions are closed. 13-07-2026 RPP To

¶1Special Judge, POCSO Cases, Dharmapuri District.

¶2The Inspector of Police, Krishnapuram Police Station, Dharmapuri.

¶3The Public Prosecutor, High Court, Madras. CRLoOPoNo.o18409oofo2026 D.BHARATHAoCHAKRAVARTHYoJ. RPP CRLoOPoNo.o18409oofo2026 AND CRLoMPoNO.o12252oOFo2026,CRLoMPoNO.o12249oOFo2026 13-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND CRL MP NO. 12252 OF 2026,CRL MP NO. 12249 OF 2026 Pormannan S/o.Govindan, Paraiyankuttipallam Village, Karimangalam Taluk, Dharmapuri District. ..Petitioner(s) Vs 1. The Inspector of Police Krishnapuram Police Station, Dharmapuri Crime No.23 of 2023. 2. Sakthivel S/o. Edumman, Paraiyankuttipallam Village, Karimangalam Taluk, Dharmapuri District. 3. xxxxxxxxxxxx W/o. xxxxxxxx D/o. xxxxxxxx xxxxxxxxxxxx xxxxxxxxxxxx Dharmapuri District ..Respondent(s) PRAYER Criminal Original Petition filed under Sec.528 of B.N.S.S. 2023, praying to call for the records and Quash the proceedings in Spl.S.C.No.20/2024 pending on the file of Special Judge, POCSO, Dharmapuri District. Page2 of 5 For Petitioner(s): Mr. M.Selvam For Respondent(s): Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Criminal Side) For R1