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Madras High CourtCRL OP(MD)/10287/2026allowed

Nesamani v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Ilupur

2026-06-11Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2026 CORAM :

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.10287 of 2026 Nesamani

...Petitioner

Vs

1. State Of Tamilnadu Rep By Inspector Of Police, AWPS-Ilupur All Women Police Station Illuppur, Pudukkottai District.

Crime No. 21/2025.

2. Sagunthala

3. XXXXX XXXXXX XXXXX

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the entire records in Spl.S.C.No. 129/2025 on the file of the Mahila Court, Pudukkottai and quash the same as illegal and pass such further or other orders as this Honble Court.

For Petitioner : M/s.K.M.Alagan For Respondents : Mr.B.Arun Counsel for State of TN (crl.side) For R1 : Mr.C.DevasenathipathiFor R2 & R3 1/4

ORDER

The present petition has been filed by sole Accused in Spl.S.C.No.129 of 2025 on the file of the Mahila Court, Pudukottai, seeking to quash the charge sheet, wherein he is charged with the offences under Sections 7 and 8 of POCSO Act, and Sections 137(2) & 127(2) of BNS.

2. A perusal of the charge sheet reveals that the sole accused, a relative of the victim girl, is alleged to have misbehaved with her, and there is no allegation of sexual assault.

3. Pending trial, the parties have entered into a compromise, wherein, the defacto complainant has agreed for quashing of the charge sheet.

4. The defacto complainant/2nd respondent is present in person before this Court and submits that the victim girl has now attained the age of majority, and the sole accused/petitioner has married another woman, and that the victim has decided not to disturb the marital life of the petitioner. She further acknowledges that she has agreed to quashing of the charge sheet as against the petitioner.

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5. Considering the above said facts, charge sheet in Spl.S.C.No.129 of 2025, pending on the file of the Mahila Court, Pudukottai is hereby quashed as against the petitioner.

6. Accordingly, this Criminal Original Petition stands allowed. The joint compromise memo shall form part and parcel of the order. 11.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn To:

1. The Mahila Court, Pudukottai 2.The Inspector Of Police, AWPS-Ilupur, All Women Police Station, Illuppur, Pudukkottai District.

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

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R.VIJAYAKUMAR , J.

gvn Crl.OP.(MD)No.10287 of 2026 11.06.2026 4/4