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Madras High CourtCRL OP(MD)/1564/2024allowed

Aruna v. The Inspector Of Police

2025-12-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.1081 of 2024 Aruna ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Inspector of Police, Puthukadai Police Station, Kanyakumari District.

2. Thangaraj ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the records pertaining to the FIR in Crime no.61 of 2020 on the file of the 1st respondent and quash the same as against the petitioner. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.M.Sakthi Kumar (R1) Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks for quash of the FIR in Crime No.61 of 2020 on the file of the first respondent.

2. The learned counsel for the petitioner submitted that the petitioner is the second accused in this case. However, since she was a minor at the time of occurrence, a separate charge sheet under the Juvenile Justice Act, came to be registered as against her. In the meanwhile, the learned Judicial Magistrate Court No.II, Kulithurai, had proceeded with the trial as against the petitioner's brother in STC No.148 of 2021 in Crime No.61 of 2020 and the same ended in acquittal. In view of the same, he prays for quash of the FIR as against the petitioner herein.

3. Taking into consideration that already the petitioner's brother has been acquitted after a full-fledged trial in STC No.148 of 2021 vide judgment dated 05.05.2025 and since it is evident from the judgment of the learned Judicial Magistrate Court No.II, Kulithurai, that the de facto complainant had entered into a compromise with the accused and that they are now at peace, which fact was clearly deposed by him in his evidence before the learned Trial Court, this 2/4

Court does not find any merit in continuing the case pending against the petitioner.

4. In view of the above, despite considering the fact that the final report has been filed in a belated stage and that it is a settled proposition of law that even after filing a final report, the FIR could be quashed, the FIR in Crime No. 61 of 2020 registered under Sections 447, 294(b), 324, 323 & 506(2) of IPC as against the petitioner herein, who has been arrayed as A2 is hereby quashed and accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

04.12.2025 NCC : Yes / No Index : Yes / No Sm TO:-

1. The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 04.12.2025 4/4