Kavin v. The State Rep by the Inspector of Police

ORDER This Criminal Original Petition seeks to quash the proceedings in Spl.S.C.No.221 of 2025 on the file of the Special Court for Exclusive Trial of cases Under POCSO Act, Dharmapuri, for alleged offences under Sections 137(2), 87 and 96 of BNS r/w Sections 5(l), 6(1) of the Protection of Children from Sexual Offences Act, 2012, (the POCSO Act) and Section 9 of Prohibition of Child Marriage 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.

¶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. Page3 of 5

¶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 a construction labour 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 result in the incarceration of the boy alone and has called for appropriate legislative action to deal with these cases separately. Page4 of 5

¶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 OP No. 19418 of 2026, is allowed. The Spl.S.C.No.221 of 2025 on the file of the Special Court for Exclusive Trial of cases Under POCSO Act, Dharmapuri, stands quashed. Consequently, connected miscellaneous petition is closed. 21-07-2026 PVS To

¶1The Special Court for Exclusive Trial of cases Under POCSO Act, Dharmapuri

¶2The Inspector of Police Perumbalia Police Station, Dharmapuri District. Crime no.63 of 2025,.

¶3The Public Prosecutor, High Court, Madras CRLoOPoNo.o19418oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. PVS CRLoOPoNo.o19418oofo2026 21-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL.MP.No.12859 of 2026 1. Kavin 2. Lokesh ..Petitioner(s) Vs 1. The State rep by The Inspector of Police Perumbalai Police Station, Dharmapuri District. Crime No.63 of 2025. 2. Selvam ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the entire records pursuant to the case in Spl.S.C.No.221 of 2025 the Special Court for Exclusive Trial of cases Under POCSO Act, Dharmapuri and Quash the same by allowing this Criminal Original Petition. For Petitioner(s): Mr.T.Meganathan For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl. Side), For R1 Page2 of 5