Citation : 2026 Latest Caselaw 1507 Mad
Judgement Date : 23 March, 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.03.2026
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
Crl.OP.(MD)No.22820 of 2025
and
Crl.M.P(MD) No.19755 of 2025
T.Vignesh ...Petitioner/Sole Accused
Vs
1.The State of Tamilnadu,
Rep by the Inspector of Police,
Thilagar Thidal Police Station,
Madurai City, Madurai-625 002 ...1st Respondent/Complainant
2.Muneeswari ...2nd Respondent/Defacto complainant
3. Xxxx,
Xxxx,
Xxxx,
Madurai-625001. ...3rd Respondent/Victim
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act,
to call for the records and quash the Spl.S.C.No.8/2025, dated 22.01.2025 on
the file of the Special Court for exclusive trial of cases under POCSO Act,
Madurai.
1/5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm )
For Petitioner : M/s.C.Gandhiammal
For Respondents : Mr.A.Albert James
Government Advocate(crl.side)
for R1
M/s.T.Jayanthi for R2 and R3
ORDER
The present petition has been filed by the sole accused in Spl.S.C.No.8 of
2025, on the file of the Special Court for exclusively trial of Cases, POCSO Act,
Madurai, wherein the petitioner has been charged with the offences under
Section 366 of IPC, Section 9 of Prohibition of Child Marriage Act, 2006,
Sections 5(l) and 6 of Prohibition of Child from Sexual Offences Act, 2012.
2. The victim is born on 05.05.2007. The alleged occurrence is said to
have taken place on 24.04.2023. The victim had attained majority on
05.05.2025. Thereafter, she has got married to the accused person on
06.02.2026. The marriage has also been registered before the Sub Registrar,
Kallikudi on 09.03.2026. The child is also born to them.
3. The victim is present in person along with the child and she submits
that she had married the accused person and a child is also born to them and
they are living peaceful marital life and she requested for quashing of the charge
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm ) sheet.
4. Considering the fact that the victim girl is married to the accused and
she is happily living with the accused person, no purpose would be served in
continuing the prosecution as against the accused person.
5. In view of the above said facts, the charge sheet in Spl.SC.No.8 of
2025, on the file of the Special Court for exclusive trial of cases under POCSO
Act, Madurai, is hereby quashed.
6. Accordingly, this Criminal Original Petition stands allowed.
Consequently, connected Miscellaneous Petition is closed. The joint
compromise memo shall form part and parcel of the order.
23.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No
Indu
Note: Issue order copy on 23.03.2026.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm ) To
1.The learned Special Judge, Special Court for exclusive trial of cases under POCSO Act, Madurai.
2. The Inspector of Police, Thilagar Thidal Police Station, Madurai City, Madurai-625 002
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm ) R.VIJAYAKUMAR, J.
Indu
23.03.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/03/2026 07:57:47 pm )
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