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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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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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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