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2026 Supreme(Online)(Mad) 44851

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M. NIRMAL KUMAR
Venkatesan – Appellant
Versus
The State Rep By Its – Respondent



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CRL OP No. 8376 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

CRL OP No. 8376 of 2026

Venkatesan ..Petitioner

Vs

1. The State Rep By its The Inspector of Police,

All Women Police Station, Perambalur, Perambalur District.

(Crime No.24 of 2023)

2. Xxxxx ..Respondents

Prayer: Criminal Original Petition filed under Section 528 of BNSS to call for the entire records in connection with the impugned FIR in Crime No.24 of 2023 on the file of the 1st Respondent and quash the same, on the ground of

compromise.

For Petitioner: Mr. M.Vijaya Ragavan

For Respondents: Mr. R. Vinothraja, Government Advocate (Crl.Side) for R1

O R D E R

The petitioner / accused in Crime No.24 of 2023 for offences under

Sections 5(I), 5(j)(ii) and 6 POCSO Act, 2012 on the file of the 1st respondent

Police has filed this Criminal Original Petition.

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CRL OP No. 8376 of 2026

2. The case of the prosecution is that the defacto complainant, who is the

victim girl aged about 17 years at the time of occurrence, lodged a complaint alleging that the accused developed a love affair with her and on several occasions, committed penetrative sexual assault against her, as a result of which she became pregnant. Based on the complaint, a case in Crime No.24 of 2023 was registered for offences under Sections 5(I), 5(j)(ii) and 6 of the POCSO Act

against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner and

2nd respondent were married on 17.09.2023 and they have a female baby born on 01.07.2023. He further submitted that they are leading a happy marital life.

Hence, he prayed for quashing of the proceedings.

4. The case is still at the stage of investigation. By passage of time, the

parties have decided to bury their hatchet and compromise the dispute amicably

among themselves.

5. Today the petitioner and the 2nd respondent appeared before this Court

and their identities were confirmed by Ms. A. Geetha, WHC, attached to the 1st respondent Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The

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CRL OP No. 8376 of 2026

petitioner and the 2nd respondent have filed separate affidavit before this Court

and also filed the Joint Compromise Memo, which is extracted hereunder:

“1. It is submitted that, the Petitioner is the sole accused in Crime No.24 of 2023 on the file of the 1st Respondent Police registered for the alleged offences under Section:5(I), 5(j)(ii) and 6 POCSO Act, 2012 and the 2nd Respondent is defacto

complainant/victim girl.

2. It is submitted that, the petitioner crave leave of this Hon’ble Court to read the Grounds of Criminal Original Petition filed by him as part and parcel of this Joint compromise memo for

better appreciation of the facts in issue.

3. It is submitted that, the victim girl’s date of birth is

03.08.2005 and now she is aged about 20 years. The Petitioner and the Victim Girl loved each other and got married themselves on 17.09.2023. Now the petitioner and victim girl are running their matrimonial life happily and peacefully and out of wedlock

there is female Child namely Yazhini aged about 2 years to them.

4. It is submitted that, both the parties have entered into a compromise and thereby settled the issue amicably among themselves out of freewill and without any coercion. Further, the alleged offence is occurred between two private parties and it also does not have any impact on the Society. Therefore, based upon the compromise arrived between the parties, the impugned FIR

may be quashed by the Hon’ble Court.

5. It is submitted that, the defacto complainant/victim girl is willing to withdraw the case and she don’t want o pursue the case against the petitioner. If the criminal proceedings are con

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