Madras High Court
R.Karankumar vs State By on 23 September, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
CRL OP No. 24301 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
CRL OP No. 24301 of 2025
and
CRL MP No.16620 of 2025
1. R.Karankumar
S/o. Ramamoorthy,
No.60, Perumal Kovil Street, Ward -3,
Pudupettai, Kummudipoondi T.K,
Thiruvallur Dsitrict - 601201.
Petitioner(s)
Vs
1. State by, The Inspector of Police,
Padallur Police Station, Perambalur
District. (crime No.36/2023)
2.K.Mahalakshmi
W/o. Kumar, Kunnumedu, Chettikulam,
Alathur T.K, Perambalur District.
Respondent(s)
PRAYERThis Criminal Original Petition is filed under Section 528 of BNSS, to
call for the entire records in connection with the case in Spl.SC.No.8/2024 in
Crime No. 36/2023, on the file of the learned Sessions Judge, Mahila Court at
Perambalur and to quash the same.
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CRL OP No. 24301 of 2025
For Petitioner(s): Mr.S.Vijayaraghavan
For Respondent(s): Mr.K.M.D.Muhilan
Additional Public Prosecutor
For R1
R2 appeared in person
ORDER
This Criminal Original Petition has been filed to call for the entire records in connection with the case in Spl.SC.No.8/2024 in Crime No. 36/2023, on the file of the learned Sessions Judge, Mahila Court at Perambalur and to quash the same.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-Police and perused the materials available on record.
3. Based on the complaint given by the second respondent /de-facto complainant, the first respondent-Police registered a case in Crime No.36 of 2023 under “girl missing”. After completion of investigation, charge sheet was filed for the offences under Sections 11(4), 12, 5(l) and 6 of POCSO Act and Section 9 of Child Marriage Restraint Act and the same was taken on file in 2/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 Spl.S.C.No.8 of 2024 on the file of the learned Sessions Judge, Mahila Court at Perambalur.
4. The petitioner had stated in the affidavit that there was a love affair between victim girl and the petitioner /sole accused. Now the petitioner married the victim girl and out of their wedlock, a female child was born. Further the petitioner and the defacto complainant, are ready to settle the dispute and they amicably entered into compromise. Hence, they submitted that the proceedings against petitioner may be quashed.
5. Mr.M.Sathiyamoorthy, Head Constable, Padallur Police Station, Perambalur District was present before this Court and he informed this Court that the de-facto complainant had approached him and informed him that since the victim girl and the petitioner got married, and living together happily, she do not want to proceed further with the criminal proceedings against the petitioner.
6. The petitioner, the second respondent and the victim girl were also present before this Court at the time of hearing. This Court examined the victim girl and the second respondent who is the mother of the victim girl and 3/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 she wants the criminal proceedings to be quashed. At the time of registering the case the victim girl is 17 years. Now, the victim is aged about 19 years.
7. The learned Government Advocate (Crl.Side) appearing on behalf of the first respondent-Police 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.
8. 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:
“ 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 4/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 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 relationship with the teen age boy or little over the teen age, it is 5/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 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 6/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 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 be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence”.
9. 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].
10. 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 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 defence if the criminal case is taken to its logical end. Punishing an adolescent boy who 7/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 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.
11. 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 petitioners. 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 Crl 10, has given sufficient guidelines that must be taken into consideration by this Court while 8/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 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.
12. In the present case, the offences in question are purely individual/personal in nature. It involves the petitioner and the victim girl and their respective families only. It involves the future of two young persons who are still in their early twenties. Quashing the proceedings, will not affect any overriding public interest in this case and it will in fact pave way for the petitioner and the victim girl to settle down in their 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 petitioner, victim girl and their parents as well. 9/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025
13. In view of the above, this Court is inclined to quash the Final Report filed in the case in Spl.SC.No.8/2024 in Crime No. 36/2023, on the file of the learned Sessions Judge, Mahila Court at Perambalur in exercise of its jurisdiction under Section 482 of Cr.P.C.
14. Accordingly, this Criminal Original Petition is allowed and the case in Spl.SC.No.8/2024 in Crime No. 36/2023, on the file of the learned Sessions Judge, Mahila Court at Perambalur is quashed as against the petitioner. The Joint Compromise Memo filed by the petitioner and the second respondent for compromising the offences shall form part of the records. Consequently, connected miscellaneous petition is closed.
23-09-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 10/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 To
1.The Sessions Judge, Mahila Court at Perambalur
2. The Inspector of Police, Padallur Police Station, Perambalur District. (crime No.36/2023)
3. The Public Prosecutor, High Court, Chennai.
11/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm ) CRL OP No. 24301 of 2025 N.SATHISH KUMAR J mfa CRL OP No. 24301 of 2025 and CRL MP No.16620 of 2025 23-09-2025 12/12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:07:28 pm )