Nagoor Meeran v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Nagoor Meeran ... Petitioner Vs.

1. The State Rep by The Inspector of Police, All Women Police Station, Selaiyur, Chennai.

2. Tanzim Roshan (Crime No.10 of 2025) ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in First Information Report in Crime No.10/2025 registered by the first respondent under Sections 9(l), 9(m) and 10 of POCSO Act 2012 and quash the same.

For Petitioner : Mr.R.Dhanasekar For Respondents For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.10 of 2025 on the file of the first respondent, registered for the offences punishable under Sections 9(l), 9(m) and 10 of Protection of Children from Sexual Offences Act, 2012. 2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioner and the defacto complainant and also by their respective counsel. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record.

4.

The second respondent along with the victim girl appeared before this Court and deposed that at the time of lodgment of complaint without enquiring the victim girl, on sudden emotional outburst on seeing the condition of the victim girl, she lodged the complaint. However, later the victim girl said that no such occurrence had taken

place at the hands of the petitioner. The fact remains that, the petitioner is an auto driver and he used to pickup his grandsons along with the victim girl to school, since all are studying in the same school in same standard.

5.

In pursuant to the registration of FIR, the petitioner was arrested and remanded to judicial custody on 26.03.2025. Now the petitioner is confined at Central Prison, Puzhal, Chennai. 6.

Considering the above facts and circumstances, no useful purpose will be served in keeping the First Information Report 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), this Court in exercise of its jurisdiction under Section 528 of BNSS, 2023, quashes the FIR in Crime No.10 of 2025, pending investigation on the file of the first respondent. 7.

In view of the above, the FIR in Crime No.10 of 2020 on the file of the first respondent, is hereby quashed. The terms of Joint

Compromise Memo shall form part and parcel of this Order. In view of the quashment of entire FIR, the petitioner is set at liberty forthwith. The Superintendent of Prison, Central Prison, Puzhal, Chennai, is directed to release the petitioner, forthwith.

8.

With the above directions, the Criminal Original Petition stands allowed.

16.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Note : Issue order copy today on 16.04.2025 rts

To

1. The Inspector of Police, All Women Police Station, Selaiyur, Chennai.

2. The Superintendent of Prison, Central Prison, Puzhal, Chennai,

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 16.04.2025