Kirushnamoorthy v. The State Rep.By,

ORDER The petitioner/accused, who is facing trial in Spl.SC.No.408 of 2024 for the offence under Sections 366, 354A, 342, 506(i), 294 (b) of IPC 5(1) r/w 6 of POSCO Act, before the learned Principal District and Sessions Judge, Kallakurichi, has filed this Criminal Original Petition. Page1 of 8

2.The case of the prosecution is that the victim girl, who was a minor and the petitioner were in a love relationship for more than three years. On

26.04.2021 at about 9.00 p.m., the petitioner committed sexual assault with the third respondent on the false promise of marrying her. Subsequently, when the petitioner decided to marry another girl, she narrated the entire facts to her mother/second respondent. Thereafter, based on complaint of the second respondent/de facto complainant, an FIR was registered. Upon completion of the investigation, a final report was filed and the same has been taken on file in Spl.SC.No.408 of 2024.

¶3The learned counsel for the petitioner submitted that the petitioner and the 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 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 girl child. Therefore the second respondent/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: Page2 of 8 Page3 of 8 Page4 of 8 Page5 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 has attained majority and has given birth to a girl child. The petitioner and the victim are living together as husband and wife happily along with their child.

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

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

¶7During interaction, the third respondent/victim informed that she attained majority, both the petitioner and the third respondent/victim are living as husband and wife and they are blessed with a girl baby. The third 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 Page6 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.SC.No.408 of 2024 pending on the file of the Principal District and Sessions Judge, Kallakurichi, is hereby quashed.

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

1.The Principal District and Sessions Judge, Kallakurichi

2.The Inspector of Police, All Women Police station, Kallakurichi, Kallakurichi district.

3.The Public Prosecutor, High Court, Madras. Page7 of 8 CRLoOPoNo.o16166oofo2026 M.NIRMALoKUMAR,oJ. PVS CRLoOPoNo.o16166oofo2026 25-06-2026 Page8oofo8

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Kirushnamoorthy ..Petitioner(s) Vs 1.The State rep.by, The Inspector of Police, All Women Police station, Kallakurichi, Kallakurichi district. 2.Kolanji 3.xxxxxxx ..Respondent(s) To call for the entire records in connected with the criminal proceedings in Spl.SC.No.408 of 2024 on the file of the learned Principal District and Sessions Judge, Kallakurichi and quash the same. For Petitioner(s): Mr.G.Balamanikandan For Respondent(s): Mr.R.Rajasekaran, G.A.(Crl. Side), for R1