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Madras High CourtCRL OP(MD)/4389/2025allowed

Shankar Ganesh (Minor 17) v. The State Of Tamilnadu

2025-03-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Shankar Ganesh (Minor 17), Represented by Father, Ganesan.

2. Thasnave Akash (Minor 17) Represented by Grandmother, Fathima Revathy ... Petitioners Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Irumbupathai Police Station, Virudhunagar Railway Junction, Viudhunagar District.

Crime No.5 of 2025.

2. Sriram ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to call for the records relating to the proceedings in Crime No. 5 of 2025 dated 22.01.2025 on the file of the first respondent Irumbupathai Police Station, Virudhunagar Railway Junction, Virudhunagar District and Quash the same as against the petitioners/Juvenile Nos.1 & 2 herein.

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For Petitioner : Mr.Sylverster Raj, For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.R.S.Tamilselvan

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to the First Information Report in Crime No.5 of 2025 dated 22.01.2025 on the file of the first respondent police, for the offences under Sections 305(c) of BNS and quash the same.

2. When the matter was taken up for hearing on 11.03.2025, the parents of the Juveniles along with the second respondent appeared before this Court and filed the compromise memo. The learned counsels on both sides also represented that the matter has been amicably settled between the parties.

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3. The defacto-complainant and all the accused are present and this Court enquired about the terms of compromise. The defacto-complainant represented that his cellphone was misplaced in the railway station and the same was handed over by the respondent police. However, they entered into a compromise and he has no objection to quash the FIR. A compromise memo, dated 07.03.2025 signed by the parties and their respective counsel, is also filed before this Court.

4. This Court has perused the terms of the compromise memo.

5. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition.

6. Recording the said compromise memo, this petition is allowed and the First Information Report in Crime No.5 of 2025 dated 22.01.2025 on the file of the first respondent police is quashed. 28.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR 3/5

To

1. The State of Tamilnadu, Rep by the Inspector of Police, Irumbupathai Police Station, Virudhunagar Railway Junction, Viudhunagar District.

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

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P. DHANABAL, J.

LR 28.03.2025 5/5