N. Anand Venkatesh, J.

Pursuant to the earlier order passed on 30.06.2025, the matter was listed for hearing today before the Special Bench.

2. In the earlier order passed on 30.06.2025, this Court gave an indication that three issues will be taken up for consideration during the next date of hearing. The first issue being 79 cases that fall under the category of both parties being minors and had a consensual relationship. The second issue pertains to about 600 cases that were identified by the learned counsel for the petitioner and the relevant particulars were handed over to the learned Additional Public Prosecutor to take further instructions. The third issue pertains to finalization of checklist in order to give guidelines for effective functioning of CWCs.

3. An additional status report has been filed by the Inspector General of Police (Crime) against Women and Children in the office of the Police Training College Campus, Ashok Nagar, Chennai – 600 083. The relevant portions are extracted hereunder:

               “3. It is respectfully submitted that the Director General of Police/Head of Police Force, Chennai issued an Memorandum vide Rc.No.210623/Crime 4(1)/2025 dated 09.07.2025, the Inspector General of Police, Crime against Women and Children, Chennai is requested to take necessary action in this matter and send the action taken report to Chief Office through mail ID tndgpcrimewing4@gmail.com immediately.

               4. It is submitted that based on the above order, the concerned authorities had verified the 79 cases, out of which 30 cases are ready to compromise, 42 cases are not ready to compromise and the same was pending trial before the concerned Court and remaining 7 cases are disposed. Out of which 42 cases, 7 cases are not comes under the romantic relationship. The details are given below:

“table”

4. The learned Additional Public Prosecutor also placed reliance upon typed set of papers, wherein necessary particulars pertaining to 79 cases that were identified, finds place. The learned Additional Public Prosecutor submitted that out of the 79 cases, the parties have agreed for a compromise only in 30 cases and 7 cases were disposed of by the concerned Court finally. Insofar as the balance 42 cases are concerned, the learned Additional Public Prosecutor submitted that the parties are not willing for any compromise.

5. Insofar as the additional 600 cases that were identified and handed over to the learned Additional Public Prosecutor are concerned, the learned Additional Public Prosecutor seeks some more time to take instructions since it involves scrutiny of each and every case at the District level.

6. Insofar as providing the guidelines for effective functioning of CWCs is concerned, the learned Additional Public Prosecutor seeks some more time.

7. On the side of the petitioner, it was submitted that while determining the cases that involved consensual relationship among the minors, it has to be properly scrutinized by an independent committee and it should not be entirely left in the hands of the Police.

8. Insofar as the guidelines to be issued to CWCs, the representations that were made by the NGO viz., TULIR, Centre for the Prevention and Healing of Child Sexual Abuse to the Joint Director, Department of Children’s Welfare & Special Services and the response dated 19.12.2025 were placed before this Court. On going through the same, it is seen that the NGO has sought for various particulars in order to enable them to prepare a checklist and place it before this Court to formulate proper guidelines for the effective functioning of CWCs.

9. The further grievance that was placed before this Court touched upon the office memorandum issued in ROC.No.68177/2019-G4, dated 16.09.2022, wherein this Court had directed the Principal Sessions Court in various Districts to transfer non-serious POCSO Act cases like love affair, elopement, etc., to the Mahila Court, Fast Track Mahila Courts and focus on quick disposal of serious POCSO offence cases. It was brought to the notice of this Court that there is no consistent procedure followed while transferring such non-serious POCSO Act cases to the Mahila Court and it is being done in an erratic manner. As a result, it is apprehended that some serious cases falling under the POCSO Act cases may also be pushed to the Mahila Court and which may ultimately end up in acquittal. Therefore, a request was made to this Court to formulate proper guidelines to identify non-serious POCSO Act cases by getting necessary particulars from the concerned Courts, so that a consistent procedure is followed while transferring non-serious POCSO Act cases to the Mahila Courts.

10. The other issue brought to the notice of this Court pertains to absence of mechanism to track case status before the Juvenile Justice Board Courts and issue regarding the cases, which are transferred to the Children’s Court, which also involves non-serious POCSO Act cases and which does not get the same treatment as is available to non-serious POCSO Act cases tried by the regular Court.

11. The learned Additional Public Prosecutor brought to the notice of this Court an interim order passed in Crl.O.P.No.20834 of 2023 dated 13.09.2023, wherein the said case was directed to be tagged along with this case in order to place it before the Special Bench to evolve guidelines, where complaints are given based on the letter given by the Juvenile Justice Board and where there is substantial delay in registration of FIR.

12. Insofar as the first issue is concerned, we will independently deal with 30 cases that have been identified by the respondent Police and quash the same after enquiring the concerned parties, wherever we find that there was consensual relationship between two minors. The learned Additional Public Prosecutor submitted that in all those 30 cases parties will either be produced in person or they will attend the proceedings through online mode.

13. Insofar as the 42 cases, where the parties are not willing for a compromise, this Special Bench cannot drag those cases and deal with the same since the proceedings are not under challenge. That apart, such an exercise will go beyond the remit of this Special Bench. Therefore, those 42 cases will have to be necessarily dealt with on merits by the concerned Courts.

14. Insofar as the 600 cases that have been identified and handed over to the learned Additional Public Prosecutor are concerned, the learned Additional Public Prosecutor submitted that a detail scrutiny will be conducted and the particulars will be placed before this Court during future hearing.

15. Insofar as the grievance expressed on the side of the petitioner regarding the difficulties faced by them in the preparation of the checklist for the effective functioning of CWCs is concerned, there shall be a direction to the learned Additional Government Pleader to issue necessary instructions to the Directorate of Children Welfare and Special Services, Chennai and whatever particulars are sought by the NGO for the preparation of the checklist shall be provided.

16. Insofar as the classification of cases are concerned, there shall be a direction to all the Principal District Judges and also to the Special Courts dealing with POCSO Act cases across Tamil Nadu to submit a report before this Court explaining the procedure followed by them in identifying the cases falling within the criteria of “Non-serious POCSO Act cases”. Based on the report received from the concerned Districts, this Court will evolve guidelines and which can be followed in future to determine the non-serious POCSO Act cases with more clarity and consistency.

17. As far as the connected issue which pertains to the cases that are transferred to the Children’s Court is concerned, the grievance is that such non-serious POCSO Act cases, which are sent to the Children’s Court are not transferred to the Mahila Courts, like it is done for the Special Court dealing with POCSO Act cases. Hence, this Court directs concerned Principal District Judges to inform this Court as to whether the process identifying the non-serious POCSO Act cases is done even for those cases, which are dealt with by the Children’s Court. A separate report shall be filed before this Court in this regard.

18. Insofar as evolving guidelines for the proper functioning of CWCs is concerned, we will await for the checklist that is going to be prepared and placed before this Court. After such a checklist is placed before this Court, we will issue necessary guidelines after properly understanding the present functioning of the CWCs.

19. Insofar as the grievance expressed on the side of the petitioner that there is no mechanism to track the case status before JJB involving POCSO offence is concerned, we direct the concerned Principal District and Sessions Court across all Districts in Tamil Nadu to collect the particulars of POCSO Act cases that are pending before the JJB Court and place it before this Bench during the next date of hearing.

20. Registry is directed to tag Crl.OP.No.20834 of 2023 and list it before this Bench on 12.01.2026.

Post this case on 12.01.2026 at 3.30 p.m.