C.Surya vs The State Rep. By The Inspector Of Police
2026 Latest Caselaw 754 Mad

Madras High Court

C.Surya vs The State Rep. By The Inspector Of Police on 25 February, 2026

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

CRL OP No. 3839 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 3839 of 2026 AND CRL MP NO. 2658 OF 2026

C.Surya S/o.Late Chinraj, Door No.105, Chennappanaickanur, Uthangarai, Reddipatti, Krishnagiri, Tamil Nadu - 635 207.

..Petitioner(s) Vs

1. The State Rep. by the Inspector of Police, AWPS - Central, Coimbatore District.

2. xxx W/o.xxx, xxx.

3. J.Selvabarathi W/o.Jeevanantham, Rural Welfare Committee, Social Welfare Office, Central Zone, District Collector Office, Coimbatore District.

..Respondent(s)

PRAYER : Petition filed under Section 528 of BNSS, to call for the records and compromise and quash the proceedings in Spl.S.C.No.132/2024, pending on the file of the Mahila Court / Additional Special Court for Trial of cases under POCSO Act, Coimbatore.

__________ Page1 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

For Petitioner(s): Ms.Sona Satish Kumar.S

For Respondent(s): Mr.S.Vinoth Kumar, GA (Crl.Side) for R1 Mr.V.Sachin Vinayak for R2

Order

This Criminal Original Petition has been filed to call for the records and

quash the proceedings in Spl.S.C.No.132 of 2024, pending on the file of the

Mahila Court / Additional Special Court for Trial of cases under POCSO Act,

Coimbatore.

2. Heard the learned counsel on either side and perused the materials

available on record.

3. Based on the complaint given by the de facto complainant, who is the

Social Welfare Officer, District Collector Office,

Coimbatore District, a case in Crime No.39 of 2023 was registered on the file of

the 1st respondent-Police against the petitioner and on completion of

investigation, the impugned final report came to be filed before the Mahila

Court, Coimbatore, for the offences under Section 9 of the Prohibition of Child

Marriage Act and Sections 5(I), 5(j)(ii) and 6 of the POCSO Act and the same

was taken on file in Spl.S.C.No.132 of 2024.

__________ Page2 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

4. The learned counsel for the petitioner would submit that the case arises

from a consensual relationship between the petitioner and the victim girl and the

victim girl, on her own volition, eloped with the petitioner/accused and

thereafter, they got married, at which time the victim girl was a minor.

Subsequently, the victim girl became pregnant and she also gave birth to a male

child on 08.05.2024. She further submitted that the petitioner and the victim

have since got their marriage solemnized on 23.02.2026, after the victim girl

attained majority and as on date, the petitioner and the victim girl are living

together as husband and wife and their marriage has also been registered before

the Sub-Registrar’s Office, Uthangarai on 23.02.2026. She would further submit

that the parties have entered into a compromise and the petitioner has filed an

affidavit to that effect for quashing the impugned proceedings on the ground of

compromise. Therefore, when the petitioner and the victim girl have

compromised the matter, no useful purpose will be served by continuing the

impugned proceedings; hence, the impugned proceedings may be quashed on

the ground of compromise.

5. Learned Government Advocate (Crl. Side) appearing on behalf of the

first respondent submitted that though the parties have entered into a

compromise, this Court, taking into account the seriousness of the offences, has

to consider the issue as to whether the offences of this nature can be quashed on

the ground of compromise between parties.

__________ Page3 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

6. The petitioner and the victim girl along with her child, were present

before this Court at the time of hearing and they were identified by the learned

counsel on either side and also by the Inspector of Police, AWPS – Central,

Coimbatore District.

7. 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.

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 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:

__________ Page4 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

“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

__________ Page5 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

from all other powers and is intended to avoid situations of injustice being caused by the rigid application of law.

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

__________ Page6 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

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.

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 __________ Page7 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

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 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.

__________ Page8 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

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 in Spl.S.C.No.132 of 2024, pending on the

file of the Mahila Court / Additional Special Court for Trial of cases under

POCSO Act, Coimbatore, by invoking Section 482 of Cr.P.C./528 BNSS.

__________ Page9 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

12. Accordingly, this Criminal Original Petition is allowed and the

proceedings against the petitioner in Spl.S.C.No.132 of 2024, on the file of the

Mahila Court / Additional Special Court for Trial of cases under POCSO Act,

Coimbatore, is quashed.

13. The affidavit and the joint compromise memo filed by the petitioner

and the victim girl, for compromising the offences shall form part of the

records.

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

the victim girl and the child for the rest of their life and in the event of any

default on his part in this regard being brought to the notice of this Court, the

consequences that would befall the petitioner would be very serious.

15. Before parting, this Court hastens to add that this Court is not

oblivious of the fact that the Supreme Court, in K. Kirubakaran, supra, had

invoked Article 142 of the Constitution of India and quashed the criminal

proceedings against the appellant. However, since the facts obtaining in this

case being akin to the facts in K. Kirubakaran, supra, this order is passed.

16. Consequently, connected miscellaneous petition is closed.

25-02-2026 Index: Yes/No GSK

__________ Page10 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

To

1. The Inspector of Police, AWPS - Central, Coimbatore District.

2. The Mahila Judge / Additional Special Judge for Trial of cases under POCSO Act, Coimbatore.

3.The Public Prosecutor, Madras High Court, Chennai – 600 104.

__________ Page11 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )

A.D.JAGADISH CHANDIRA J.

GSK

AND CRL MP NO. 2658 OF 2026

25-02-2026

__________ Page12 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/03/2026 03:22:23 pm )