Balamurali v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.6608 of 2025 Balamurali ... Petitioner Vs.

1.The State of Tamil Nadu rep. by the Inspector of Police, Cyber Crime Police Station, CCD-III, Madurai Crime No.46 of 2024.

2.Arumugam 3.XXX ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the charge sheet in Spl.S.C.No.57 of 2025 pending on the file of the learned Sessions Judge, Special Court for the exclusive trial of POCSO Act cases, Madurai and quash the same.

For petitioner : Mr.R.Vignesh Page No. 1 of 5

For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 : Mr.P.Surya *****

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to Spl.S.C.No.57 of 2025 pending on the file of the learned Sessions Judge, Special Court for the exclusive trial of POCSO Act cases, Madurai, for the offences under Sections 79 and 308 of BNS and Sections 66E, 66C, 67B(b) of the Information Technology Act, @ 79 and 308 of BNS and Sections 66E, 66C, 67B(b) of the Information Technology Act, 13 and 14 of the POCSO Act and 83(2) of Juvenile Justice Act in Crime No.46 of 2024 and quash the same.

2. Based on the complaint given by the defacto complainant, the police has registered FIR in Crime No.46 of 2024 for the offences under Sections 79 and 308 of BNS and Sections 66E, 66C, 67B(b) of the Information Technology Act, @ 79 and 308 of BNS and Sections 66E, 66C, 67B(b) of the Information Technology Act, 13 and 14 of the POCSO Page No. 2 of 5

Act and 83(2) of Juvenile Justice Act.

3. When the matter was taken up for hearing, the learned counsels on both sides represented that during pendency of the case in Spl.S.C.No. 57 of 2025, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

4. on 22.04.2025, the defacto-complainant, the victim and the accused are present and the Court enquired about the terms of compromise. The defacto-complainant represented that they entered into a compromise as the victim wants to give quietus to this matter. A compromise memo, dated nil.04.2025 signed by the parties and their respective counsels, is also filed before this Court.

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

6. Considering the nature of the offences and the parties have also entered into a compromise, it is appropriate to allow this petition. Page No. 3 of 5

7. Recording the said compromise memo, this petition is allowed and Spl.S.C.No.57 of 2025 pending on the file of the learned Sessions Judge, Special Court for the exclusive trial of POCSO Act cases, Madurai, is quashed.

29.04.2025 NCC : Yes/No (2/2) Index : Yes / No Internet : Yes / No apd To 1.The Sessions Judge, Special Court for the exclusive trial of POCSO Act cases, Madurai.

2.The Inspector of Police, Cyber Crime Police Station, CCD-III, Madurai.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.6608 of 2025 29.04.2025 (2/2) Page No. 5 of 5