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Madras High CourtCRL OP(MD)/5811/2026allowed

Minor. Santhosh v. State Of Tamilnadu Rep By Inspector Of Police, Thirukkurungudi

2026-03-25Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5811 of 2026 and Crl.M.P(MD)Nos.6301 & 6303 of 2026

1. Minor Santhosh (Minor rep. by his Father Guardian Thirumalai Nambi),

2. Minor Sivaperumal (Minor rep. by His Father Guardian Mariyappan),

...Petitioners/Accused Nos.1 & 2

Vs State of Tamilnadu, Rep. by the Inspector of Police, Thirukkurungudi Police Station, Tirunelveli.

FIR No.100/2025

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records and quash the Final Report in J.C.No.436 of 2025, on the file of the learned Juvenile Justice Board, Tirunelveli, and quash the same as illegal.

For Petitioners : M/s.S.Ramanathan For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/5

ORDER

The present petition has been filed by the two juveniles who are in conflict with law seeking to quash the final report in J.C.No.436 of 2025, on the file of Juvenile Justice Board, Tirunelveli, wherein they are charged with the offences under Section 196(1) and Section 353(2) of BNS, 2023.

2. A perusal of the charge sheet reveals that when the juveniles are said to have used the Mobile phone of the first petitioner and they have uploaded certain photographs. In one of the photographs, the second petitioner is said to be holding a knife and they have projected themselves as rowdy elements. Because of the above said allegations, the present charge sheet has been laid as against the juvenile petitioners.

3. According to the learned Counsel appearing for the petitioners, the minors are studying in the 11th standard and their future would be affected. It was done in a childish manner and no harm was done to anyone of the general public. It was the Instagram post made by the juveniles without understanding the legal consequences.

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4. The parents of the petitioners have filed the affidavits on 25.03.2026. Paragraph Nos.2 and 3 of the said affidavits are extracted as follows:- "2.I have filed this petition for quashment of the aforesaid final report and the same was taken up admission before this Hon'ble Court 24.03.2026 and considering the nature of offence, this Hon'ble Court was pleased to direct me to file a affidavit on behalf of my son as to ensure that no such activities would be performed by my son.

3. In obedience to the order of this Court, I am giving an undertaking that I will ensure that my son will never get himself involved in such type of activities in future i.e., posting the photographs in the social media which are offensive in nature, which is the subject matter of the present case.

5. Considering the above said facts and in the interest of the future of the minor children who have come in conflict with law, this Court is inclined to quash the charge sheet.

6. In view of the above said facts, the charge sheet in J.C.No.436 of 2025 on the file of the Juvenile Justice Board, Tirunelveli, stands quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are also closed. 25.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To

1. The learned Judge, The Juvenile Justice Board, Tirunelveli.

2. The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli.

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

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R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.5811 of 2026 25.03.2026 5/5