The Madurai Bench of Madras High Court, in a path-breaking common order pronounced on June 1, 2026, allowed three quash petitions (Crl.O.P.(MD) Nos. 3924, 3769 of 2026 and 21788 of 2025) and disposed of one (Crl.O.P.(MD) No. 3628 of 2026), while simultaneously issuing sweeping institutional directions for child-welfare-oriented reform in POCSO implementation across Tamil Nadu.
Four separate criminal petitions, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 482 CrPC), sought quashing of charge sheets filed before various Special POCSO Courts in Thoothukudi, Tiruchirappalli, Pudukkottai, and Madurai. Though factually distinct, all four cases shared a disturbing common thread — child victims had allegedly been manipulated, coerced, or emotionally exploited by adults to lodge false POCSO complaints arising from family disputes, matrimonial discord, or village factionalism.
Petitioners contended that prosecutions were fabricated and engineered by third parties exploiting the emotional vulnerability of minor victims. Victims themselves, in statements before Judicial Magistrates and counselling sessions, retracted original allegations. The State resisted quashing, arguing that allegations were grave, initial statements were credible, and retractions could not automatically demolish prosecution cases.
The Court emphasized that the POCSO Act's true soul lies not in securing convictions but in preserving childhood dignity, emotional safety, psychological healing, and social reintegration. It observed that children were being re-traumatized by mechanical institutional processes rather than being protected. The Court coined a powerful phrase — "Childhood is not a battlefield for adult vengeance."
The Court directed the State Government to formulate a coordinated State-wide sensitisation programme titled "SINGAPEN SENSITISATION WORKSHOP" for all female police officers, Regional Psychologists, District Social Welfare Officers, and Child Welfare Committee members, focusing on trauma-sensitive investigation and prevention of POCSO misuse.
The Court placed reliance on the Supreme Court's landmark judgment in State of Haryana v. Bhajan Lal (1992 Supp(1) SCC 335) to justify exercise of inherent jurisdiction in quashing proceedings amounting to abuse of process.
Case Details:
- Case Nos.: Crl.O.P.(MD) Nos. 3924, 3628, 3769 of 2026 & 21788 of 2025
- Bench: Hon'ble Mrs. Justice L. Victoria Gowri
- Petitioners: Mikavel, Narendra Prasath, Ibrahim, S. Muniyandi & C. Ayyapan
- Respondents: State of Tamil Nadu & Others
READ ORDER
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