S.Dinesh v. State Rep.By

ORDER The Criminal Original Petition is filed to quash the proceedings in Spl.S.C.No.198 of 2025 on the file of the learned Sessions Judge, Special Court for Exclusive trial of Cases under POCSO Act, Chennai.

¶2I have heard the learned counsel for the petitioner and the Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

¶3Upon perusal of the final report, it can be seen that the petitioner/accused S.Dinesh who is aged 20 years at the relevant point of time developed love affair with the victim child, who was minor at that stage, aged about 17 years. Subsequently, now, the child has attained majority. She says no objection to quash the case and she does not want to pursue the case and she is married to the petitioner/accused and they also have a boy child by name Pranish, who is born on 02.07.2025. The petitioner/accused is employed in a private concern and they are leading a lawful life.

¶4I have considered the submissions made by the learned counsel for the petitioner.

¶5Though in cases of this nature arising out of POCSO Act, normally, this Court should not go only on the version of the child alone, but however, Page No.3 of 4 considering the overall facts and circumstances of the case and the statements that are recorded during the course of the investigation and finding that it was a case of premature elopement and love affair at the age of 17 years. I am of the view that the case can be quashed considering the wellbeing of the parties as they are now living together along with the tender child.

¶6In view thereof, this Criminal Original Petition is allowed and the final report and all further proceedings in the Spl.S.C.No.198 of 2025 on the file of the learned Sessions Judge, Special Court for Exclusive trial of Cases under POCSO Act, Chennai, shall stand quashed. 30-06-2026 sp To

1.The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai.

2.The Inspector of Police, W1 All Women Police Station, Thousand lights, Chennai – 600 006.

3.The Social welfare Extension Officer, Government Maternity Hospital, Egmore.

4.The Public Prosecutor, Madras High Court. Page No.4 of 4 D.BHARATHA CHAKRAVARTHY J. sp 30-06-2026

Page No.1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Dinesh ..Petitioner Vs 1. State rep. by, The Inspector of Police, W1 All Women Police Station, Thousand lights, Chennai – 600 006. 2. Social welfare Extension Officer, Government Maternity Hospital, Egmore. 3. XXXXXXXXXXXX Rep by her father XXXXXXXXXXXX ..Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records in Spl.S.C.No.198 of 2025 on the file of Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Chennai and quash the same. For Petitioner Mr.K.A.M.Jagadish Kumar For Respondents: Mr.M.Mohamed Riyaz Government Advocate (Crl.Side) [R1] ***** Page No.2 of 4