Madras High Court
Anandharaj vs State Rep. By on 15 September, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Crl.OP.No.23221 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl.O.P.No.23221 of 2025
1. Anandharaj
2. Ramesh ... Petitioners
Vs.
1.State Rep. by
Inspector of Police
All Women Police Station
Vridhachalam
Cuddalore District
Crime No.74 of 2023
2. Mullainathan
3. (Redacted) ... Respondents
PRAYER: Criminal Original Petition filed under Section 528 of BNSS to
call for the records in connection with Spl.S.C.No.126 of 2023, pending on
the file of Sessions Judge, Mahila Court, Cuddalore, Cuddalore District and
quash the same.
For Petitioner : Mr.R.Sankarasubbu
for Mr.M.Velmurugan
For R1 : Mr.K.M.D.Muhilan
Additional Public Prosecutor
For R2 : Ms.M.Santhiya
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Crl.OP.No.23221 of 2025
ORDER
This Criminal Original Petition has been filed to quash the proceedings in connection with Spl.S.C.No.126 of 2023 for the offences under Sections 366 and 344 of IPC, Sections 5(l), 6 and 17 of POCSO Act and Sections 9, 10, of Prohibition of Child Marriage Act, pending on the file of Sessions Judge, Mahila Court, Cuddalore, Cuddalore District on the ground of compromise.
2. The crux of the allegations is that at the time of alleged occurrence i.e. on 28.03.2023, the victim girl was aged 17 ½ years. The victim girl while studying in school, had developed connection with the first petitioner and they are said to have married with the help of the second petitioner who is the paternal uncle of first petitioner. Thereby, the accused are prosecuted based on the complaint lodged by the second respondent/father of the victim girl.
3. Now it is stated by both sides that the victim girl has attained majority and she is at the advanced stage of pregnancy and to compromise the issue, the victim girl has filed a joint compromise memo dated 05.03.2025.
4. The petitioners and the victim girl were present before this Court at Page 2 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 the time of hearing and they were identified by their respective counsel as well as by Ms.P.Thirumathi, Women Head Constable, Karuveppilankurichi Police Station, Virudhachalam. This Court examined the victim girl and she stated that she is living together with the first petitioner and prayed to quash the criminal proceedings against the petitioners. A Joint Compromise Memo dated 05.03.2025 has also been filed to that effect by the petitioners and the victim girl.
5. The learned Government Advocate (Crl. Side) appearing on behalf of the first respondent submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.
6. In this regard it is relevant to refer the judgment of the learned Single Judge of this Court, in Sabari v. Inspector of Police reported in 2019 (3) MLJ Crl 110, wherein the learned single Judge had discussed in detail about the cases in which persons of the age group of 16 to 18 years are involved in love affairs and how in some cases ultimately end up in a criminal case booked for an offence under the POSCO Act. The relevant portions of the judgment are extracted here under for proper appreciation: Page 3 of 10
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 “ 21.When this case was taken up for hearing, this Court became concerned about the growing incidence of offences under the POCSO Act on one side and also the Rigorous Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped against teenagers, who fall victim of the application of the POCSO Act at an young age without understanding the implication of the severity of the enactment.
26.In addition to the above, this Court is of the view that 'warning' of attraction of POCSO Act must be displayed before screening of any film, which have teenage characters suggesting relationship between boy and girl.
27.Apart from the above, this Court is of the view that as per the 3rd respondent's report, majority of cases are due to relationship between adolescent boys and girls. Though under Section 2(d) of the Act, 'Child' is defined as a person below the age of 18 years and in case of any love affair between a girl and a boy, where the girl happened to be 16 or 17 years old, either in the school final or entering the college, the relationship invariably assumes the penal character by subjecting the boy to the rigorous of POCSO Act. Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 years or 10 years as minimum imprisonment, as the case may be.
28.When the girl below 18 years is involved in a Page 4 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 relationship with the teen age boy or little over the teen age, it is always a question mark as to how such relationship could be defined, though such relationship would be the result of mutual innocence and biological attraction. Such relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes. But in such cases where the age of the girl is below 18 years, even though she was capable of giving consent for relationship, being mentally matured, unfortunately, the provisions of the POCSO Act get attracted if such relationship transcends beyond platonic limits, attracting strong arm of law sanctioned by the provisions of POCSO Act, catching up with the so called offender of sexual assault, warranting a severe imprisonment of 7/10 years.
29.Therefore, on a profound consideration of the ground realities, the definition of 'Child' under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18. Any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous provisions of the POCSO Act and such sexual assault, if it is so defined can be tried under more liberal provision, which can be introduced in the Act itself and in order to distinguish the cases of teen age relationship after 16 years, from the cases of sexual assault on children below 16 years. The Act can be amended to the effect that the age of the offender ought not to be more than five years or so than the consensual victim girl of 16 years or more. So that the impressionable age of the victim girl cannot Page 5 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence”.
7. Following the above judgment, this Court has quashed the final report in Crl.O.P.No.232 of 2021 dated 27.01.2021 [Vijayalakshmi and another Vs. State Represented by the Inspector of Police, All Women Police Station, Erode and another].
8. In light of the above judgments and considering the fact in the present case that a minor girl who was more than 17 years at the time of occurrence, was in romantic relationship with the first petitioner, this Court is of the view that though the offence under the POCSO Act is against society, at the same time, two matured adolescent boy and girl enters into such a relationship is common in our society. That cannot be ignored all together.
9. Incidents of this nature keep occurring regularly even now in villages and towns and occasionally in cities. After the parents or family lodge a complaint, the police register FIRs for offences of kidnapping and various offences under the POCSO Act. Several criminal cases booked under the POCSO Act fall under this category. As a consequence of such a FIR being registered, invariably the boy gets arrested and thereafter, his Page 6 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 youthful life comes to a grinding halt. The provisions of the POCSO Act, as it stands today, will surely make the acts of the boy an offence due to its stringent nature. An adolescent boy caught in a situation like this will surely have no defense if the criminal case is taken to its logical end. Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act. These incidents should never be perceived from an adult’s point of view and such an understanding will in fact lead to lack of empathy. An adolescent boy who is sent to prison in a case of this nature will be persecuted throughout his life. It is high time that the legislature takes into consideration cases of this nature involving adolescents involved in relationships and swiftly bring in necessary amendments under the Act. The legislature has to keep pace with the changing societal needs and bring about necessary changes in law and more particularly in a stringent law such as the POCSO Act.
10. 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. The Hon'ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, reported in 2017 9 SCC 641 and in case of The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Page 7 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while exercising its jurisdiction under Section 482 of Cr.P.C, to quash non-compoundable offences. One very important test that has been laid down is that the Court must necessarily examine if the crime in question is purely individual in nature or a crime against the society with overriding public interest. The Hon'ble Supreme Court has held that offences against the society with overriding public interest even if it gets settled between the parties, cannot be quashed by this Court.
11. In the present case, the offences in question are purely individual/personal in nature. It involves the petitioners, the second respondent and the victim girl and their respective families only. It involves the future of two young persons who are still in their twenties. Quashing the proceedings, will not affect any overriding public interest in this case and it will in fact pave way for the victim girl to settle down in her life and look for better future prospects. No useful purpose will be served in continuing with the criminal proceedings and keeping these proceedings pending will only swell the mental agony of the petitioners, victim girl and their parents as well.
12. In view of the above, this Court is inclined to quash the criminal proceedings against the petitioners in Spl.S.C.No.126 of 2023, pending on Page 8 of 10 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/11/2025 02:28:02 pm ) Crl.OP.No.23221 of 2025 the file of Sessions Judge, Mahila Court, Cuddalore, Cuddalore District in exercise of its jurisdiction under Section 482/Cr.P.C/528 of BNSS.
13. Accordingly, this Criminal Original Petition is allowed and the criminal proceedings against the petitioners in Spl.S.C.No.126 of 2023, pending on the file of Sessions Judge, Mahila Court, Cuddalore, Cuddalore District, is quashed. The Joint Compromise Memo dated 05.03.2025 filed by the petitioners and the victim girl to compromise the offence shall form part of the record.
15.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To
1.The Sessions Judge, Mahila Court, Cuddalore, Cuddalore District
2. Inspector of Police All Women Police Station Vridhachalam Cuddalore District
3.The Public Prosecutor, High Court of Madras.
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