Madras High Court

CRL OP/29751/2026 of Akash Vs The State represented by The Inspector of Police on 14 October 2026

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CRL OP No. 29751 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

CRL OP No. 29751 of 2026

and Crl.M.P.No.19801 of 2026

CNR: {HCMA012064132026}

1. Akash

S/o Ananth,

No.62/2/3, South Street,

Puthuvettakudi, Kunnam Taluk,

Perambalur District.

2. Ananth

S/o Natesan,

No.62/2/3, South Street,

Puthuvettakudi, Kunnam Taluk,

Perambalur District.

3. Rani

W/o Ananth,

No.62/2/3, South Street,

Puthuvettakudi, Kunnam Taluk,

Perambalur District.

..Petitioner(s)

Vs

1. The State represented by

The Inspector of Police

All Women Police Station,

Perambalur, Perambalur District.

Crime No.21/2023.

2. Thavamani

W/o Thirunavukkarasu,

Anna Colony Street,

Varanavasi, Ariyalur Taluk,

Ariyalur District.

3. Dharaniya

D/o Thirunavukkarasu,

Anna Colony Street,

Varanavasi, Ariyalur Taluk,

Ariyalur District.

CRL OP No. 29751 of 2026

..Respondent(s)

Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in Spl.S.C.No.68 of 2023 on the file of Sessions Judge, Mahila court, Perambalur and Quash the same and grant such other relief deem fit and proper under the circumstances of the case.

For Petitioner(s):

K.Manikandan

For Respondent(s):

Mr.R.Ganesh Kumar

Additional Public Prosecutor for R1

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ORDER

This petition has been filed to quash the proceedings in Special S.C.No.68 of 2023 pending on the file of the learned Sessions Judge, Mahila Court, Perambalur, as against the petitioners, thereby taken cognizance for the offences under Sections 5(l), 5(j)(ii), 6 of the Protection of Child from Sexual Offences Act, 2012 and section 9 and 10 of the 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 has been filed by the third respondent before this Court stating that now she married the first petitioner and living with him in very happiest manner. All the parties are present and identified by their respective

CRL OP No. 29751 of 2026

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 now the victim girl viz., the third respondent attains majority and she married the first petitioner/accused and gave birth to a child. Now both are living happily and therefore, the petitioners need not go for ordeal of trial.

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.68 of 2023 pending trial on the file of the learned Sessions Judge, Mahila Court, Perambalur.

6. In view of the above, the proceedings in Special S.C. No. 68 of 2023, on the file of the learned Sessions Judge, Mahila Court, Perambalur, is hereby quashed as against the petitioners, on the condition that the first petitioner and

CRL OP No. 29751 of 2026

the victim shall register their marriage and produce the marriage registration certificate before the first respondent within a period of three months from today. Failing which, the Trial Court is directed to proceed with the trial in accordance with law. The affidavit filed by the third respondent shall form part and parcel of this Order.

7. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MPA To

1. The Inspector of Police All Women Police Station, Perambalur, Perambalur District. Crime No.21/2023.

2. The Public Prosecutor, High Court, Madras.

CRL OP No. 29751 of 2026

G.K.ILANTHIRAIYAN, J. MPA CRL OP No. 29751 of 2026 and Crl.M.P.No.19801 of 2026 14-10-2026

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