Full Judgment Text
NON-REPORTABLE
2025 INSC 1272
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 679 OF 2024
K. KIRUBAKARAN … APPELLANT
VS.
STATE OF TAMIL NADU … RESPONDENT
J U D G M E N T
DIPANKAR DATTA, J.
The final cause of law is the welfare of society.
~ Benjamin N. Cardozo, Former Associate Justice of the Supreme Court of United
States.
1. Appellant was convicted for offences punishable under section 366 of
the Indian Penal Code, 1872 and section 6 of the Protection of Children
1
from Sexual Offences Act, 2012 and sentenced to rigorous
imprisonment for 5 years and 10 years, respectively, with fine.
Aggrieved by such conviction and sentence, the appellant preferred an
appeal before the High Court of Judicature at Madras. It was dismissed
Signature Not Verified
Digitally signed by
NITIN TALREJA
Date: 2025.10.30
16:51:56 IST
Reason:
th
vide the impugned judgment and order dated 13 September, 2021.
1
POCSO Act
2. During the pendency of the appeal before the High Court, marriage
between the appellant and the victim of crime was solemnized in May
th
2021. By an order dated 6 February 2024, this Court had directed the
2
Tamil Nadu State Legal Services Authority to ascertain the well-being
of the appellant’s wife. Pursuant thereto, the Member Secretary of the
TNSLSA interacted with the appellant’s wife and has submitted a report
revealing that after marriage the appellant and his wife have been
blessed with a male child, who is less than one year old, and also that
they are leading a happy married life.
3. Wife of the appellant has filed an affidavit before this Court stating that
she is dependent upon the appellant and wishes to lead a happy, normal,
and peaceful life with him and the child born in their wedlock.
4. During the course of hearing, a prayer was made on behalf of the
appellant to invoke the powers of this Court under Article 142 of the
Constitution of India for quashing the conviction and sentence in order
to avoid disruption of the matrimonial harmony between the parties. We
considered it appropriate to first hear the complainant, being the father
of the victim. He has appeared before us today through the virtual mode.
Answering our query, he has stated in Tamil (conveyed to us by Mr.
Krishnamoorthy, learned senior counsel for the State) that he has no
objection to the criminal proceedings being brought to an end.
2
TNSLSA
2
5. The only question which remains to be decided is whether the
proceedings should be quashed in the present case, considering that the
appellant is convicted of a heinous offence.
6. We are conscious of the fact that a crime is not merely a wrong against
an individual but against society as a whole. When an offence is
committed, it wounds the collective conscience of the society and
therefore the society, acting through its elected lawmakers, determines
what would be the punishment for such an offence and how an offender
should be dealt with, to deter its recurrence. The criminal law is, thus, a
manifestation of the sovereign will of the society. However, the
administration of such law is not divorced from the practical realities.
Rendering justice demands a nuanced approach. This Court tailors its
decisions to the specifics of each case: with firmness and severity
wherever necessary and it is merciful when warranted. It is also in the
best interest of society to bring a dispute to an end, wherever possible.
We draw inspiration from Cardozo, J. to hold that the law aims to ensure
not just punishment of the guilty, but also harmony and restoration of
the social order.
7. With such perspective in mind, we need to proceed to balance the
competing interests of justice, deterrence, and rehabilitation.
8. The founding fathers of the Constitution conferred this Court with the
extraordinary power to do “complete justice” in proper cases. This
constitutional power stands apart from all other powers and is intended
3
to avoid situations of injustice being caused by the rigid application of
law.
9. Per the law made by the legislature, the appellant having been found
guilty of a heinous offence, the proceedings in the present case on the
basis of a compromise between the appellant and his wife cannot be
quashed. But ignoring the cry of the appellant’s wife for compassion and
empathy will not, in our opinion, serve the ends of justice. Even the most
serious offenders of law do receive justice moderated by compassion
from the courts, albeit in appropriate cases. Given the peculiar facts and
circumstances here, a balanced approach combining practicality and
empathy is necessary. The appellant and the victim are not only legally
married, they are also in their family way. While considering the offence
committed by the appellant punishable under the POCSO Act, we have
discerned that the crime was not the result of lust but love. The victim
of crime herself has expressed her desire to live a peaceful and stable
family life with the appellant, upon whom she is dependent, without the
appellant carrying the indelible mark on his forehead of being an
offender. Continuation of the criminal proceedings and the appellant’s
incarceration would only disrupt this familial unit and cause irreparable
harm to the victim, the infant child, and the fabric of society itself.
10. We are, thus, persuaded to hold that this is a case where the law must
yield to the cause of justice.
11. Accordingly, resting on the foregoing considerations, the developments
subsequent to the trial, and in the interest of rendering complete justice,
4
we deem it appropriate to invoke our powers under Article 142 of the
Constitution of India to quash the criminal proceedings against the
appellant including the conviction and sentence. Ordered accordingly.
12. Also, bearing in mind the interests of the appellant’s wife and child, we
deem it appropriate to subject the appellant to the specific condition of
not deserting his wife and child and also to maintain them for the rest
of their life with dignity. If, in future, there be any default on the
appellant’s part and the same is brought to the notice of this Court by
his wife or their child or the complainant, the consequences may not be
too palatable for the appellant.
13. We make the interim order granting benefit to the appellant of
exemption from surrendering absolute and discharge him from the bail
bonds.
14. The appeal is, accordingly, allowed.
15. Needless to observe, this order is rendered in the unique circumstances
that have unfolded before us and shall not be treated as a precedent for
any other case.
………..…………………J.
(DIPANKAR DATTA)
……………………..………………J.
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
OCTOBER 28, 2025.
5
2025 INSC 1272
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 679 OF 2024
K. KIRUBAKARAN … APPELLANT
VS.
STATE OF TAMIL NADU … RESPONDENT
J U D G M E N T
DIPANKAR DATTA, J.
The final cause of law is the welfare of society.
~ Benjamin N. Cardozo, Former Associate Justice of the Supreme Court of United
States.
1. Appellant was convicted for offences punishable under section 366 of
the Indian Penal Code, 1872 and section 6 of the Protection of Children
1
from Sexual Offences Act, 2012 and sentenced to rigorous
imprisonment for 5 years and 10 years, respectively, with fine.
Aggrieved by such conviction and sentence, the appellant preferred an
appeal before the High Court of Judicature at Madras. It was dismissed
Signature Not Verified
Digitally signed by
NITIN TALREJA
Date: 2025.10.30
16:51:56 IST
Reason:
th
vide the impugned judgment and order dated 13 September, 2021.
1
POCSO Act
2. During the pendency of the appeal before the High Court, marriage
between the appellant and the victim of crime was solemnized in May
th
2021. By an order dated 6 February 2024, this Court had directed the
2
Tamil Nadu State Legal Services Authority to ascertain the well-being
of the appellant’s wife. Pursuant thereto, the Member Secretary of the
TNSLSA interacted with the appellant’s wife and has submitted a report
revealing that after marriage the appellant and his wife have been
blessed with a male child, who is less than one year old, and also that
they are leading a happy married life.
3. Wife of the appellant has filed an affidavit before this Court stating that
she is dependent upon the appellant and wishes to lead a happy, normal,
and peaceful life with him and the child born in their wedlock.
4. During the course of hearing, a prayer was made on behalf of the
appellant to invoke the powers of this Court under Article 142 of the
Constitution of India for quashing the conviction and sentence in order
to avoid disruption of the matrimonial harmony between the parties. We
considered it appropriate to first hear the complainant, being the father
of the victim. He has appeared before us today through the virtual mode.
Answering our query, he has stated in Tamil (conveyed to us by Mr.
Krishnamoorthy, learned senior counsel for the State) that he has no
objection to the criminal proceedings being brought to an end.
2
TNSLSA
2
5. The only question which remains to be decided is whether the
proceedings should be quashed in the present case, considering that the
appellant is convicted of a heinous offence.
6. We are conscious of the fact that a crime is not merely a wrong against
an individual but against society as a whole. When an offence is
committed, it wounds the collective conscience of the society and
therefore the society, acting through its elected lawmakers, determines
what would be the punishment for such an offence and how an offender
should be dealt with, to deter its recurrence. The criminal law is, thus, a
manifestation of the sovereign will of the society. However, the
administration of such law is not divorced from the practical realities.
Rendering justice demands a nuanced approach. This Court tailors its
decisions to the specifics of each case: with firmness and severity
wherever necessary and it is merciful when warranted. It is also in the
best interest of society to bring a dispute to an end, wherever possible.
We draw inspiration from Cardozo, J. to hold that the law aims to ensure
not just punishment of the guilty, but also harmony and restoration of
the social order.
7. With such perspective in mind, we need to proceed to balance the
competing interests of justice, deterrence, and rehabilitation.
8. The founding fathers of the Constitution conferred this Court with the
extraordinary power to do “complete justice” in proper cases. This
constitutional power stands apart from all other powers and is intended
3
to avoid situations of injustice being caused by the rigid application of
law.
9. Per the law made by the legislature, the appellant having been found
guilty of a heinous offence, the proceedings in the present case on the
basis of a compromise between the appellant and his wife cannot be
quashed. But ignoring the cry of the appellant’s wife for compassion and
empathy will not, in our opinion, serve the ends of justice. Even the most
serious offenders of law do receive justice moderated by compassion
from the courts, albeit in appropriate cases. Given the peculiar facts and
circumstances here, a balanced approach combining practicality and
empathy is necessary. The appellant and the victim are not only legally
married, they are also in their family way. While considering the offence
committed by the appellant punishable under the POCSO Act, we have
discerned that the crime was not the result of lust but love. The victim
of crime herself has expressed her desire to live a peaceful and stable
family life with the appellant, upon whom she is dependent, without the
appellant carrying the indelible mark on his forehead of being an
offender. Continuation of the criminal proceedings and the appellant’s
incarceration would only disrupt this familial unit and cause irreparable
harm to the victim, the infant child, and the fabric of society itself.
10. We are, thus, persuaded to hold that this is a case where the law must
yield to the cause of justice.
11. Accordingly, resting on the foregoing considerations, the developments
subsequent to the trial, and in the interest of rendering complete justice,
4
we deem it appropriate to invoke our powers under Article 142 of the
Constitution of India to quash the criminal proceedings against the
appellant including the conviction and sentence. Ordered accordingly.
12. Also, bearing in mind the interests of the appellant’s wife and child, we
deem it appropriate to subject the appellant to the specific condition of
not deserting his wife and child and also to maintain them for the rest
of their life with dignity. If, in future, there be any default on the
appellant’s part and the same is brought to the notice of this Court by
his wife or their child or the complainant, the consequences may not be
too palatable for the appellant.
13. We make the interim order granting benefit to the appellant of
exemption from surrendering absolute and discharge him from the bail
bonds.
14. The appeal is, accordingly, allowed.
15. Needless to observe, this order is rendered in the unique circumstances
that have unfolded before us and shall not be treated as a precedent for
any other case.
………..…………………J.
(DIPANKAR DATTA)
……………………..………………J.
(AUGUSTINE GEORGE MASIH)
NEW DELHI;
OCTOBER 28, 2025.
5