(Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records and quash the charge sheet against the petitioners/Accused 1 and 4 in Spl.S.C.No.42 of 2025 in Crime No.352 of 2024 on the file of the Fast Track Mahila Court, Krishnagiri.

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to cal for records and quash the charge sheet against the petitioners/Accused 2, 5 and 6 in Spl.S.C.No.42 of 2025 in Crime No.352 of 2024 on the file of the Fast Track Mahila Court, Krishnagiri.)

Common Order

1. Criminal Original Petitions filed to quash the proceedings in Spl.S.C.No.42 of 2025, pending on the file of the Fast Track Mahila Court, Krishnagiri against the petitioners/A1, A2, A4, A5 and A6.

2. Since both the Criminal Original Petitions are arising out of case in Spl.S.C.No.42 of 2025, this Court disposes both these petitions, by way of common order. For the sake of convenience and clarity, the petitioners are referred to as per their ranking in the charge sheet.

3. The petitioners in Crl.O.P.No.4998 of 2026 are A1 and A4, the petitioners in Crl.O.P.No.2984 of 2026 are A2, A5 and A6 in Spl.S.C.No.42 of 2025. A3 in this case is no more.

4. The case of the prosecution is that the victim in this case is aged about 17 years, A3 and A4 are the parents of the victim, A5 and A6 are the parents of A2 and A1 is the person who kidnapped the victim girl and was living with her in Coimbatore. A3 and A4, father and mother of the victim on 14.06.2024 informed the neighbours and others that their daughter was found missing. Later it was found that A1 was also missing and hence, a complaint was lodged by A4 at Kallavi Police Station for girl missing. On the complaint, a case in Crime No.136 of 2024 for the offence under Section 366 IPC registered, A4 was shown as LW1, A3 as LW2 and statement of 11 witnesses recorded. During investigation, it came to know that on 09.06.2024, marriage was conducted to the victim girl by her parents in Palaniandavar Temple, Pochampalli. The victim girl was a minor and hence, on the directions of Superintendent of Police, case was transferred from Kallavi Police Station to Pochampalli Police Station and case in Crime No.352 of 2024 for the offence under Section 366 IPC and Sections 5(l), 5(j) (ii) r/w. 6(1), 11(4) r/w. 12 of POCSO Act and Sections 9 and 10 of Prohibition of Child Marriage Act, 2006 registered against A1 to A6. During enquiry with the victim girl, it came to know that her date of birth is 28.02.2007, she is staying in her maternal grandmother’s house from her young age and in the opposite house, A1 was staying and he was interested on the victim from her young age. Both A1 and victim were in a love relationship. The maternal grandmother on coming to know about the same sent the victim to her parents house where the victim continued her relationship with A1 and talking to him over phone regularly which was objected by her parents. Thereafter, the parents of the victim discontinued her studies and in a secretive manner made arrangement for marriage with A2/Pragash and marriage was held in Palaniandavar Temple, Pochampalli. The parents of both A2 and the victim participated in the marriage. The victim was not happy with the marriage, she called A1 on 14.06.2024 and forced him to take her away. On the same day, A1 took the victim in a bike and they left to Krishnagiri via Salem and reached Coimbatore on 17.06.2024, both went to Marudhamalai Temple and A1 tied Thali to the victim. Earlier Thali tied by A2 was snatched and thrown away. They rented a house in Coimbatore and living as husband and wife for 1½ months, at that time, they had physical relationship. On coming to know about the complaint lodged by victim’s mother and Police were in search of victim and A1, the victim was produced before the respondent police by A1 and she disclosed the entire happenings as to how she was forcibly married to A2 by her parents. Thereafter the victim was referred to One Stop Centre in Krishnagiri where the Child Protection Officer enquired her and she gave a statement. On completion of investigation, charge sheet filed in this case.

5. The contention of the learned counsel for the petitioner is that the victim completed 17 years of age and she was short of few months to attain majority. A1 and victim were in love for more than five years, at that time, the victim was living with her maternal grandmother and later on coming to know about her love affair, her grandmother sent back the victim to her parents house but the bondage between victim and A1 was so strong, the victim continued to talk with A1 over phone regularly. This was noticed by A3 and A4, parents of the victim, who warned the victim and since she was adamant, they discontinued her studies and she was forcibly given marriage to A2. A5 and A6 are the parents of A2. To cover up the child marriage, A4 lodged a complaint to Kallavi Police Station and case registered as girl missing. Later, when the victim girl was secured, child marriage between victim and A2 conducted by A3 to A6 was revealed, thereafter case altered and on completion of investigation, charge sheet filed. He further submitted that A2, A5 and A6 are the bridegroom and parents of the bridegroom, they are not aware of the age of the victim and as per the custom and after concurrence of both families, marriage was held in a temple in a free and fair manner. Had the victim was sure that she was a minor and she opposed the marriage, she could have informed the family members and friends who participated in the marriage or at least to the temple poojari who performed the marriage but she kept quiet. After marriage, the victim was staying with A2 for few days and thereafter she eloped, for which A2 to be charged for penetrative sexual assault, A5 and A6 charged for child marriage is not sustainable.

6. The learned counsel for the petitioners further submitted that the victim girl and A1 had a love affair for more than five years which was opposed by the victim’s parents but the victim was so adamant and strong on her love relationship, she called A1 and forced him to take her away otherwise she would end her life by committing suicide. Left with no other option, to save the victim girl and considering the past love relationship between them and further, the victim informed him that she already attained majority, A1 accompanied her and took her to several places and finally, both of them were living in Coimbatore as husband and wife. For this act, A1 cannot be charged for penetrative sexual assault.

7. The learned counsel for the petitioners submitted that A3, father of the victim girl died and hence, the charge against him stands abated. As regards A4, mother of the victim she is an illiterate, there is no birth certificate for the victim, she was joined in a School and the School authorities on their own registered the date of birth of the victim. According to A4, the victim girl attained majority and not willing to accede to the love affair of victim girl with A1, marriage with A2 was fixed and it was held in a temple in public. The victim agreed for the marriage and later for some reason she changed her mind, for which A4/mother of the victim cannot be charged under Child Marriage Act.

8. Be that as it may, the learned counsel for the petitioners submitted that now A2 walked away from the marital life with the victim and after attaining majority, the victim girl married A1 and living as husband and wife happily. Now the victim and A1 filed a joint compromise memo confirming their marriage.

9. The learned Additional Public Prosecutor submitted that initially mother of the victim girl lodged a complaint at Kallavi Police Station, based on which, case registered for girl missing. During investigation, statement of witnesses recorded and the case was pending. The victim girl was secured and she disclosed about the forcible child marriage conducted by her parents with A2 and the parents of A2 also knowing that it was a child marriage agreed for the same. Thereafter, on the point of jurisdiction case was transferred to Pochampalli Police Station after getting appropriate orders from the Superintendent of Police and re-numbered as Crime No.352 of 2024. The statement of victim and the witnesses recorded, the victim, A1 and A2 were produced for medical examination, medical records collected and the victim gave statement before the Magistrate. The victim reiterated her love affair with A1 for five years which was opposed by her parents and she continued to talk with A1. Thereafter, forcible child marriage was conducted between the victim and A2, it was the victim who called A1 and both eloped. These facts have been narrated consistently by the victim in all her statements. The victim is not willing to go with her parents and she was staying with One Stop Centre and later the victim after attaining majority married A1 in a temple at Palacode on 25.08.2025 and they were living as husband and wife. Since the marriage between A2 and the victim was a void marriage, it was left as it is. On conclusion of investigation, charge sheet filed listing LW1 to LW19 and documents. The Trial Court took the case on file and at that stage, the present petition is filed. He further submitted that compromise entered into, the victim attained majority and not willing to proceed with the case against A1 or any of the accused. A1 and A3 are husband and mother of the victim. A2, A5 and A6 disclose that they were not aware about the victim not attaining majority. Now they are willing to move away from the victim and they have no connection with the victim or her family members of A1 in any manner.

10. Considering the submissions made and on perusal of the materials, it is seen that the victim and A1 were in love from the young age for a quite long period. This was opposed by the victim’s parents and she was moved from grandmother’s house but still the victim continued her talk with A1. Thereafter, the victim had been forcibly given in marriage to A2. The mother of the victim to cover up the marriage lodged a complaint against a1 as though he kidnapped the victim girl. During investigation, when the victim was secured the entire case unravelled and now the parents of the victim, A2 and his parents along with A1 are facing prosecution. It is seen that the victim as per the school records is few months short of attaining majority. From the statement of witnesses and materials, it is seen that the parents of the victim are uneducated and the victim has got no birth certificate, age was recorded by the School authorities to ensure that the victim is eligible for admission. Hence, the age of the victim itself becomes doubtful. Now the victim and A1 got married and they are living as husband and wife. A2, A5 and A6 walked away from the victim. The joint compromise memo confirms the same. A scanned reproduction of the joint compromise memo is as follows:









11. The Apex Court in the case of “K.Dhandapani vs. State by the Inspector of Police reported in 2022 SCC Online SC 1056”, considered the subsequent events and observed that the Court cannot shut its eyes to the ground reality and disturb the happy family life of the petitioners as well as the victim. In view of the same, this Court finds that continuation of the proceedings will serve no purpose and it is only an abuse of process of law.

12. In view of the above, the Criminal Original Petitions stand allowed and as a sequel, the case in Spl.S.C.No.42 of 2025 on the file of the Fast Track Mahila Court, Krishnagiri is quashed against the petitioners and they are discharged from all charges.