CRL OP/907/2026 of MURUGAN Vs The State Rep by, The Inspector of Police,

CRL OP No. 907 of 2026 __________ Page1 of 10 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 907 of 2026 Murugan S/o.Soundararajan, No.20, Thiruvalluvar Street, Aranarai Village, Veppanthattai Taluk, Perambalur District. ..Petitioner(s) Vs 1. The State Rep by, The Inspector of Police, All Women Police Station, Perambalur District. Cr.No.12/2023. 2. Xxx D/o.XXX, XXX, Perambalur District. Represented by her next friend and mother, Muniyammal, W/o.Muthusamy, Thiruvalluvar Street, Aranari Village, Veppanthattai Taluk, Perambalur District. ..Respondent(s) PRAYER: The criminal original petition filed under Section 528 of BNSS t o call for the entire records in connection with Spl.S.C.No.12 of 2025 on the file of the learned Sessions Judge, Mahila Court, Perambalur and quash the same on the ground of compromise. For Petitioner(s): Mr.M.Vijaya Ragavan For Respondent(s): Mr.LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR FOR R1 Mr.M.RAGAVAN FOR R2 https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page2 of 10 ORDER The petitioner/accused facing trial in Spl.S.C.No.12 of 2025 for offence s under Sections 11(i) r/w 12 of POCSO Act, 2012 and Section 366(A) of IPC has filed this quash petition. 2.The case against the petitioner is that the victim in this case i s a minor girl, born on 27.12.2007, and studying in 10 th std., at a Govt. Girls Higher Secondary School. On 02.03.2023 at about 8.00 p.m. when the minor girl was suffering from tooth pain, she was taken in an Auto to the Govt. Hospital. At that time, the petitioner, who came in a Two wheeler, infor med that he was going to Perambalur and to drop her in the hospital. However, he for cibly took her in his two wheeler and while proceeding towards the hospital, he diverted the route towards a lake. When the victim questioned him, he drove the vehicle at high speed. The victim girl jumped from the two-wheeler and sustai ned injuries. Subsequently, complaint lodged against the petitioner and FIR registered in Crime No.12 of 2023 for offences under Sections 11(1) and 12 of Protection of Child from Sexual Offences Act, 2012 and 366(A) IPC. The Inspector of Police, All Women Police Station – Perambalur filed charge sheet before the Sessions Judge, Mahila Court, Perambalur, which was taken on file in Spl.S.C.No.12 of 2025. https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page3 of 10 3.The learned counsel for the petitioner submits that the petitioner and the victim girl both belong to the same village, having similar soc ial background. Both were interested in each other, which was objected by victim’s mother and a false case lodged against the petitioner. Now, afte r the intervention of elders, both of them have come to a compromise. Hence, the petitioner filed this petition to quash the proceedings of Spl.S.C.No.12 of 2025. 4.The learned Additional Public Prosecutor submitted that based on the complaint, a case registered and after completion of investigation, charge sheet filed, listing 50 witnesses. Now, the case is at trial stage and further, submitted that though the parties entered into a compromise, taking into account the seriousness of the offence, has to consider whether offenc es of this nature can be quashed on the ground of compromise between parties. 5.The learned counsel appearing for the petitioner as well as for the de facto complainant submitted that the parties are from the same village, on the advice of elders, the parties have now amicably settled the issue am ong themselves. Hence, they seek to quash the proceedings pending against the petitioner and in this regard, a joint compromise memo entered into between them, which is scanned and extracted hereunder: https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page4 of 10 https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page5 of 10 https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page6 of 10 6.Heard both sides and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page7 of 10 7.The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. Both petitioner and victim residing in the same village, now having their own life not interfering with each other’s life, living i n harmony. 8.The petitioner and the de facto complainant/R2 appeared before this Court and were identified by their respective counsel as well as by Ms.K.Mahalakshmi, WHC 1893, AWPS Perambalur, Perambalur District. 9.On being enquired by this Court, the de facto complainant stated that she is willing to settle the dispute with the petitioner and she is not willing to pursue the criminal proceedings and therefore, seeks to quash the same. 10 .Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page8 of 10 exercise of its jurisdiction under Section 482 Cr.P.C., quashes the case in Spl.S.C.No.12 of 2025, pending on the file of the learned Sessions Judge, Mahila Court, Perambalur. 11.In the present case, the offences in question are purely individual/personal in nature. It involves dispute between the petitioner and the second respondent defacto complainant and quashing the proceedings will not affect any overriding public interest in this case and no useful purpose will be served in c ontinuing with the criminal proceedings. In view of the above, this Court is i nclined to quash the proceedings pending against the petitioner in Spl.S.C.No.12 of 2025 on the file of the Learned Sessions Judge, Mahila Court, Perambalur. 12. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.12 of 2025, pending on the file of the learned Sessions Judge, Mahila Court, Perambalur, is quashed and the terms of affidavits and joint compromise memo shall form part and parcel of this order. Index: Yes/No 10-04-2026 Speaking/Non-speaking order Neutral Citation: Yes/No sms https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page9 of 10 To 1. The Inspector of Police, All Women Police Station, Perambalur District.Cr.No.12/2023. 2. The Public Prosecutor High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 907 of 2026 __________ Page10 of 10 M.NIRMAL KUMAR, J. sms CRL OP No. 907 of 2026 10-04-2026 https://www.mhc.tn.gov.in/judis