Madras High Court
CRL OP/30113/2026 of Nawaz Rehman Vs The State Rep. by, The Insepctor of Police on 16 October 2026
CRL OP No. 30113 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30113 of 2026
CNR: {HCMA012171342026}
1. Nawaz Rehman
S/o Kalil Rahman,
No.14/34, Dr.Ansari 5th Street,
Puliyanthope, Chennai.
2. Gousiya Begam
W/o Hayath Basha,
No.34/2 Dr.Ansari 5th Street,
Puliyanthope, Chennai.
3. Hayath Basha
S/o Abdul Sardar,
No.34/2 Dr.Ansari 5th Street,
Puliyanthope, Chennai.
4. Shakila Banu
W/o Kalil Rahman Tajusna,
W/o Nawaz Rehman,
No.14/34 Dr.Ansari 5th Street,
Puliyanthope, Chennai.
..Petitioner(s)
Vs
1. The State Rep. by, The Insepctor of Police All Women Police Station, Puliyanthope,Chennai.
Crime No.7 of 2026.
2. The Social Welfare Officer
No.62, Rajaji Salai, George Town,
Chennai.
3. Xxxxx
XXXXX,
XXXXX,
Chennai.
..Respondent(s)
CRL OP No. 30113 of 2026
Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records relating to Spl.SC.No.77 of 2026 pending on the file of the learned Sessions Judge,Magalir Neethimandram,Chennai arising out of Cr.No.7 of 2026
on the file of the 1st Respondent Police,and quash the same as against the Petitioners/Accused Nos.1 to 4 and thus render justice.
For Petitioner(s):
Mr.N.Mahendra Babu
For Respondent(s):
Mr.R.Ganesh Kumar,
Additional Public Prosecutor For R1
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ORDER
This Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.77 of 2026 pending on the file of the learned Sessions Judge, Magalir Neethimandram, Chennai, as against the petitioners, thereby taken cognizance for the offences under Sections 5(j)(ii), 5(1) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 and Section 9, 10 of Prohibition of Child Marriage Act, 2006.
2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. An affidavit of the third respondent and a Joint Memo of Compromise have been filed before this Court stating that now the victim/third respondent married the first petitioner and living with him in very happiest
CRL OP No. 30113 of 2026
manner. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
4. It is seen that the victim, viz., the third respondent, has now attained the age of majority. The petitioner and the victim were living together happily and gave birth to a child. However, the first petitioner has not yet registered their marriage.
5. Under such circumstances, no useful purpose will be served in keeping the proceeding pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the proceeding in Special S.C.No.77 of 2026 pending trial on the file of the learned Sessions Judge, Magalir Neethimandram, Chennai.
6. In view of the above, the proceedings in Special S.C.No.77 of 2026 on the file of the learned learned Sessions Judge, Magalir Neethimandram,
CRL OP No. 30113 of 2026
Chennai, is hereby quashed as against the petitioners on condition that the first petitioner shall register his marriage with the victim/third respondent before the concerned authority, and produce the marriage certificate before the first respondent within a period of 12 weeks from the date of receipt of a copy of this order. Failing which, the order passed by this Court shall stand automatically cancelled and the first respondent is directed to proceed with the investigation as against the petitioners. The affidavit of the third respondent and a Joint Memo of Compromise shall form part and parcel of this Order.
7. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Vv To
1. The Sessions Judge, Magalir Neethimandram, Chennai
2. The Inspector of Police, All Women Police Station, Puliyanthope, Chennai.
3. The Public Prosecutor, High Court of Madras.
CRL OP No. 30113 of 2026
G.K.ILANTHIRAIYAN, J. Vv CRL OP No. 30113 of 2026 16-10-2026