Madras High Court
CRL OP/29973/2026 of Moorthy Vs State represented by Inspector of Police on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29973 of 2026
CNR: {HCMA012486282026}
Moorthy, S/o Senthil,
No.5G, Kattu Kottaghai,
Keelakkarai, Perambalur District.
..Petitioner(s)
Vs
1. State represented by Inspector of Police AWPS-Perambalur,
Perambalur District.
Crime No. 24 of 2025
2. Dharani
D/o Ramasamy,
No.3/46, Sivan Kovil Street,
Thirumanthurai,
..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, To call for the records relating to SPl SC No.
58 of 2026 on the file of the Mahila Court, Perambalur District and compromise quash the same.
For Petitioner(s):
Mr.S.Kalaikumar
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.58 of 2026 pending on the file of the learned Mahila Court, Perambalur District as against the petitioners, thereby taken cognizance for the offences under Sections 9 of Prohibition of Child Marriage Act, 2006 and 5(l), 5(j)(ii), 6 of POCSO Act, 2012.
2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Compromise Memo has been filed by the second 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 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 second respondent attains majority and she married the first petitioner/accused and gave birth to a child. T 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.58 of 2026 pending trial on the file of the learned Mahila Court, Perambalur District.
6. In view of the above, the proceedings in Special S.C.No.58 of 2026 on the file of the learned Mahila Court, Perambalur District, is hereby quashed as against the petitioners. The Joint Compromise Memo filed by the second respondent shall form part and parcel of this Order.
G.K.ILANTHIRAIYAN, J. RNA
7. Accordingly, the Criminal Original Petition stands allowed, on condition that the petitioner and the victim shall registered their marriage and produce the marriage registration certificate before the first respondent within three months, failing which the trial Court is directed to proceed the trial in accordance with law. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To
1. The learned Mahila Court, Perambalur District.
2. The Inspector of Police AWPS-Perambalur,
3. The Public Prosecutor, High Court, Madras. CRL OP No. 29973 of 2026 15-10-2026