Balakrishnan Alias Yogaraj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD) No.12805 of 2024 Balakrishnan @ Yogaraj .. Petitioner Vs.

1. The Inspector of Police AWPS- Melur Madurai District

2. Sathya

3. XXXX .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned First Information Report in Crime No.17 of 2024 dated 28.06.2024 on the file of the All Women Police Station, Melur, Madurai District and quash the same as illegal. For Petitioner : Mr.S.Ramesh For Respondents : Mr.M.Vaikkam Karunanithi No.1 Government Advocate(Crl.Side) No.2& 3 : Mr.Boominathan 1/5

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.17 of 2024 dated 28.06.2024 for the offences under Sections 7 and 8 of POCSO Act on the file of the All Women Police Station, Melur, Madurai District

2. When the matter is taken up for hearing today, the learned counsel appearing on either side and victim also present. Both the victim and the accused filed joint compromise memo stating that they have resolved the issue amicably and no such occurrence had happened and the victim has no objection to quash the charge sheet. 3.Today both the parties present and this Court also enquired the victim as well as the accused and both stated that they have resolved the issue amicably. Therefore it is appropriate to allow the petition based on the compromise arrived at between the parties. 4.The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in (2012) 10 2/5

SCC 303 and Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat) reported in (2017) 9 SCC 641 were taken into consideration.

5. In view of the above said judgments and the fact that the petitioner and the victim have resolved the issue amicable and though charges are grave in nature, considering the relationship between the parties and the amicable settlement between themselves this Court is of the view that the compromise is to be accepted. Therefore inorder to meet the ends of justice by invoking inherent power of this Court, this Criminal Original Petition stands allowed and the pending proceedings against the petitioner in Crime No.17 of 2024 dated 28.06.2024 on the file of the All Women Police Station, Melur, Madurai District is hereby quashed. Consequently connected miscellaneous petitions stand closed. 25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Inspector of Police AWPS- Melur Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P.DHANABAL,J.

aav 25.04.2025 5/5