[Cites 12, Cited by 0]

Madras High Court

Muthukumar vs The State Represented By on 18 February, 2026

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                                           Crl.O.P.No.3846 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.02.2026

                                                           CORAM:

                         THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                               Crl.O.P.No.3846 of 2026
                                             and Crl.M.P.No.2671 of 2026

                 Muthukumar                                                                ... Petitioner
                                                                Vs.

                 1.      The State represented by,
                         The Inspector of Police,
                         All Women Police Station,
                         Perambalur District.
                         (Crime No.85 of 2024)
                 2.      S.Arunakumari
                 3.      xxx                                                               ... Respondents

                 PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya
                 Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records and
                 quash the proceedings in Spl.S.C.No.89 of 2025, on the file of the Mahila
                 Court, Perambalur, insofar as the petitioner is concerned.


                                       For Petitioner        : Mr.S.Ajay
                                       For R1                : Mr.S.Santhosh
                                                               Government Advocate (Criminal Side)
                                       For R3                   Mr.S.Nitheswaran




                 1/11


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                                                                                                   Crl.O.P.No.3846 of 2026


                                                             ORDER

The present Criminal Original Petition has been filed seeking to

quash the proceedings in Spl.S.C.No.89 of 2025, on the file of the Mahila

Court, Perambalur District, on the basis of the compromise arrived at

between the parties.

2. Heard both sides and perused the materials available on

record.

3. Based on the complaint given by the de facto

complainant/R2, an Extension Officer, Veppanthattai, Perambalur a case in

Crime No.85 of 2024 was registered on the file of the first respondent Police

against the petitioner, for the offences under Section 9 of the Prohibition of

Child Marriage Act, 2006, Sections 5(n), 5(l), 5(j)(ii) & 6 of the Protection

of Children from Sexual Offences Act, 2012. After completion of

investigation, the impugned charge sheet was filed before Mahila Court,

Perambalur and the Court took cognizance of the case and numbered it as

Spl.S.C.No.89 of 2025.

4. The submissions of the learned counsel appearing for the

petitioner are as follows:-

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4.1. The petitioner and the victim girl/third respondent are

relatives and there was a consensual relationship between them. Therefore,

the victim girl, on her own volition, went along with the petitioner and

married him when she was a minor.

4.2. Subsequently, the victim girl became pregnant and gave

birth to a child on 09.07.2025. After the victim attained majority, the

petitioner and the victim got their marriage solemnized on 05.09.2025. As

on date, the petitioner and the victim girl are living together as husband and

wife. Their marriage has also been registered before the Sub-Registrar’s

Office, Veppanthattai, on 11.02.2026.

4.3. The parties have entered into a compromise. In view of

the settlement between the petitioner and the victim girl, no useful purpose

would be served by permitting the impugned proceedings to continue.

Hence, the impugned proceedings may be quashed on the ground of

compromise. Affidavits and Joint Memo of Compromise to that effect have

also been filed.

5. The petitioner and the victim girl along with their child,

appeared before this Court and they were identified by their respective

counsel as well as by Ms.M.Susila, WHC 1617, AWPS, Perambalur

District.

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6. This Court also enquired both the parties and was satisfied

that the petitioner and the victim girl have been living together as husband

and wife with their child.

7. Learned Government Advocate (Criminal Side) appearing on

behalf of the first respondent police submitted that though the parties have

entered into a compromise while this case is pending, this Court, taking into

account the seriousness of the offences, has to consider the issue as to

whether offences of this nature can be quashed on the ground of

compromise between parties.

8. The main issue that requires the consideration of this Court is

as to whether this Court can quash the criminal proceedings involving non-

compoundable offences pending against the petitioner.

9. The Supreme Court, in a very recent judgment in K.

Kirubakaran vs. State of Tamil Nadu [2025 INSC 1272], in which the

appellant was convicted for the offences under Sections 366 IPC and

Section 6 of the POCSO Act, pursuant to the compromise entered into

between the parties, by commencing the judgment with the quote “The final

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cause of law is the welfare of society” of Benjamin N. Cardozo, Former

Associate Justice of the Supreme Court of the United States, and finding that

the crime was not the result of lust but love, quashed the proceedings

against the appellant invoking Section 142 of the Constitution of India. The

relevant paragraphs of the said judgment read as under:

“5. The only question which remains to be decided is whether the proceedings should be quashed in the present case, considering that the appellant is convicted of a heinous offence.

6. We are conscious of the fact that a crime is not merely a wrong against an individual but against society as a whole. When an offence is committed, it wounds the collective conscience of the society and therefore the society, acting through its elected lawmakers, determines what would be the punishment for such an offence and how an offender should be dealt with, to deter its recurrence. The criminal law is, thus, a manifestation of the sovereign will of the society. However, the administration of such law is not divorced from the practical realities. Rendering justice demands a nuanced approach. This Court tailors its decisions to the specifics of each case: with firmness and severity wherever necessary and it is merciful when warranted. It is also in the best interest of society to bring a dispute to an end, wherever possible. We draw inspiration from Cardozo, J. to hold that the law aims to ensure not just punishment of the guilty, but also harmony and restoration of the social order.

7. With such perspective in mind, we need to proceed to balance the competing interests of justice, deterrence, and rehabilitation.

8. The founding fathers of the Constitution conferred this Court with the extraordinary power to do “complete justice” in proper cases. This constitutional power stands apart from all other powers and is intended to avoid situations of injustice being caused by the rigid application of law.

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9. Per the law made by the legislature, the appellant having been found guilty of a heinous offence, the proceedings in the present case on the basis of a compromise between the appellant and his wife cannot be quashed. But ignoring the cry of the appellant’s wife for compassion and empathy will not, in our opinion, serve the ends of justice. Even the most serious offenders of law do receive justice moderated by compassion from the courts, albeit in appropriate cases. Given the peculiar facts and circumstances here, a balanced approach combining practicality and empathy is necessary. The appellant and the victim are not only legally married, they are also in their family way. While considering the offence committed by the appellant punishable under the POCSO Act, we have discerned that the crime was not the result of lust but love. The victim of crime herself has expressed her desire to live a peaceful and stable family life with the appellant, upon whom she is dependent, without the appellant carrying the indelible mark on his forehead of being an offender. Continuation of the criminal proceedings and the appellant’s incarceration would only disrupt this familial unit and cause irreparable harm to the victim, the infant child, and the fabric of society itself.

10. We are, thus, persuaded to hold that this is a case where the law must yield to the cause of justice.

11. Accordingly, resting on the foregoing considerations, the developments subsequent to the trial, and in the interest of rendering complete justice, we deem it appropriate to invoke our powers under Article 142 of the Constitution of India to quash the criminal proceedings against the appellant including the conviction and sentence. Ordered accordingly.

12. Also, bearing in mind the interests of the appellant’s wife and child, we deem it appropriate to subject the appellant to the specific condition of not deserting his wife and child and also to maintain them for the rest of their life with dignity. If, in future, there be any default on the appellant’s part and the same is brought to the notice of this Court by his wife or their child or the complainant, the consequences may not be too palatable for the appellant.

13. We make the interim order granting benefit to the appellant of exemption from surrendering absolute and discharge him from the bail bonds.

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14. The appeal is, accordingly, allowed.

15. Needless to observe, this order is rendered in the unique circumstances that have unfolded before us and shall not be treated as a precedent for any other case.”

(emphasis supplied by this Court)

10. It is also apropos to point out that the Supreme Court, in

K.Dhandapani vs. The State [2022 LiveLaw (SC) 477], in which the

appellant was convicted of the offences under Sections 5 and 6 of the

POCSO Act, by a terse order, set aside the conviction and sentence slapped

on the appellant, on the basis of the settlement arrived at between the

parties. The following relevant paragraphs of the said order make an

interesting reading:

“The appellant submitted that this Court should exercise its power under Article 142 of the Constitution and ought to do complete justice and it could not be in the interest of justice to disturb the family life of the appellant and the prosecutrix.

After hearing the matter for some time on 08th March, 2022, we directed the District Judge to record the statement of the prosecutrix about her present status. The statement of the prosecutrix has been placed on record in which she has categorically stated that she has two children and they are being taken care of by the appellant and she is leading a happy married life.

Dr. Joseph Aristotle S., learned counsel appearing for the State, opposed the grant of any relief to the appellant on the ground that the prosecutrix was aged 14 years on the date of the offence and gave birth to the first child when she was 15 years and second

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child was born when she was 17 years. He argued that the marriage between the appellant and the prosecutrix is not legal. He expressed his apprehension that the said marriage might be only for the purpose of escaping punishment and there is no guarantee that the appellant will take care of the prosecutrix and the children after this Court grants relief to him.

In the peculiar facts and circumstances of this case, we are of the considered view that the conviction and sentence of the appellant who is maternal uncle of the prosecutrix deserves to be set aside in view of the subsequent events that have been brought to the notice of this Court. This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. We have been informed about the custom in Tamil Nadu of the marriage of a girl with the maternal uncle.

For the aforesaid mentioned reasons, the conviction and sentence of the appellant is set aside in the peculiar facts of the case and shall not be treated as a precedent. The appeal is accordingly, disposed of. Pending application(s), if any, shall stand disposed of.

In case, the appellant does not take proper care of the prosecutrix, she or the State on behalf of the prosecutrix can move this Court for modification of this Order.” (emphasis supplied by this Court)

11. Since the aforesaid decisions apply on all fours to the facts

and circumstances obtaining in this case, this Court is inclined to quash the

proceedings against the petitioner pending before the Mahila Court,

Perambalur District, in Spl.S.C.No.89 of 2025, by invoking Section 482 of

Cr.P.C./528 BNSS.

12. Accordingly, this Criminal Original Petition is allowed and

the proceedings against the petitioner in Spl.S.C.No.89 of 2025, on the file

of the Mahila Court, Perambalur District, is quashed.

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13. The affidavits and the Joint Memo of Compromise filed by

the parties for compromising the offences shall form part of the records.

14. This Court hopes and trusts that the petitioner will take due