Madras High Court

CRL OP(MD)/25303/2026 of Muthukumar Vs The State Of Tamilnadu Rep By The Inspector Of Police, Awps-Paramakudi on 4 November 2026

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CRL OP(MD) No. 25303 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 04-11-2026

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 25303 of 2026

CNR:{HCMD011591142026}

Muthukumar

S/o.Karuppiah,

5/30,

Ganapathiyenthal,

Manamadurai Taluk,

Sivagangai District.

..Petitioner(s)

Vs

1. The State Of Tamilnadu

Rep By The Inspector Of Police, Awps-

Paramakudi

Ramanathapuram District.

(In Crime No.02/2018)

2. xxxxxxxxxxxxxx

xxxxxxxxxxxxxxx,

xxxxxxxxxxxxxxx,

xxxxxxxxxxxxxxx,

Paramakudi Taluk,

Ramanathapuram District.

..Respondent(s)

PRAYER: This Petition filed under section 528 of BNSS to call for records relating to the charge sheet in Spl.SC.No.38/2018 on the file of Fast Track Mahila Court, Ramanathapuram and quash the same against the petitioner concerned.

For Petitioner

:Mr.P.Praveenkumar

For Respondent(s)

:Mr.B.Arun,

__________

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CRL OP(MD) No. 25303 of 2026

Govt. Advocate (CRL.SIDE)FOR R1

Mr.V.Dineshkumar for R2

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ORDER

The present petition has been filed by the sole accused in Spl.SC.No.38 of 2018 on the file of the Fast Track Mahila Court, Ramanathapuram, seeking to quash the charge sheet wherein the petitioner is charged with the offences under Sections 5(1)(ii), 5(l) and 6 of POCSO Act and Sections 363 and 506(ii) of IPC.

2. The date of birth of the victim is 02.07.2003 and she had attained majority on 02.07.2021. After attaining majority, the victim has got married to one Balakrishnan on 08.11.2021 and the marriage had been registered before the Sub Registrar, Ramanathapuram on 21.10.2026.

3. Today, the victim is present before this Court and she submitted that she had married another person viz., Balakrishnan, five years back and she is blessed with two children and she has taken a conscious decision not to prosecute the case voluntarily. Therefore, he prays for quashing of the charge sheet. __________

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CRL OP(MD) No. 25303 of 2026

4. The petitioner/accused has filed an affidavit before this Court. Paragraph Nos.2 and 3 of the affidavit reads as follows: “2. I submit that based on the complaint given by the 2nd respondent, a case was registered in Crime No.02 of 2018 on the file of the 1st respondent police, and after investigation, a final report was filed which was taken on file as Spl.S.C.No,38 of 2018 on the file of the Fast Track Mahila Court, Ramanathapuram, for offences under Sections 5(j)(ii), 5(1), 6 of the POCSO Act, 2012 Eind Sections 363 & 506 of IPC.

3. 1 state that during the course of events, a female child namely Kaarunya, aged about 8 years, was born. 1 explicitly recognize, acknowledge, and confirm that I am the biological father of the said child, Kaarunya. 1 am deeply conscious of my moral, legal, and paternal responsibilities towards the welfare, upbringing, and future of my child, Kaarunya. By way of this undertaking affidavit, I unconditionally undertake to bear the entire expenses towards the maintenance, education, medical care, clothing, and overall welfare of the child Kaarunya until my lifetime.”

5. A joint compromise memo has been filed by the petitioner and the defacto complainant. In paragraph Nos.2 and 3 of the said compromise memo is extracted as follows: “2. It is submitted that the petitioner and the 2nd respondent are close relatives. Subsequent to the occurrence, the __________

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CRL OP(MD) No. 25303 of 2026 2nd respondent/victim married one Mr.Balakrishnan, and their marriage has been duly registered. She is now living a peaceful and happy matrimonial life with her husband, who is also dutifully maintaining and taking care of the child.

3. It is submitted that at the instance of elders, family members and relatives of both sides, the matter has been amicably settled out of Court. Considering the future matrimonial life of the 2nd respondent/victim and the welfare and future life of the children, both parties have entered into this compromise. The 2nd respondent has no objection to quashing the charge sheet in Spl.S.C.No.38 of 2018 on the file of the Fast Track Mahila Court, Ramanathapuram.”

6. Considering the above said facts, charge sheet in Spl.SC.No.38 of 2018 on the file of the learned Fast Track Mahila Court, Ramanathapuram, is hereby quashed.

7. Accordingly, this Criminal Original Petition stands allowed. The joint compromise memo shall form part and parcel of the order. 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSM __________

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CRL OP(MD) No. 25303 of 2026 To

1. The Inspector Of Police, Awps-Paramakudi Ramanathapuram District

2. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

3. The Fast Track Mahila Judge, Ramanathapuram, __________

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CRL OP(MD) No. 25303 of 2026 R.VIJAYAKUMAR, J. VSM CRL OP(MD) No. 25303 of 2026 04-11-2026 __________

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