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Madras High CourtCRL OP(MD)/16208/2025allowed

Michael Jabasthian v. The State Of Tamil Nadu

2025-10-15Honourable Mr Justice Sunder Mohan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN Michael Jabasthian ... Petitioner Vs.

1.The State of Tamil Nadu rep. by its The Inspector of Police, Pettai Police Station, Tirunelveli City.

(Crime No.221 of 2025) 2.Selvi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to call for records pertaining to Crime No.221 of 2025 dated 01.08.2025 on the file of the Pettai Police Station, Tirunelveli City and quash the same. For Petitioners : Mr.D.S.Haroon Rasheed For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R2 : Mr.S.Sathiya Chidambaram ***** Page No. 1 of 8

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.221 of 2025 on the file of the first respondent police, registered against the petitioner for the offences punishable under Section 75(1)(i) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The allegation in the FIR is that the petitioner and the second respondent/defacto complainant belong to the same village; and that, when the second respondent/defacto complainant was going to the canal for bathing, the petitioner came on a two-wheeler and inappropriately touched the chest of the second respondent/defacto complainant, thereby committing the aforesaid offences.

3. Admittedly, the petitioner and the second respondent/defacto complainant belong to the same village. The parties have now entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 19th September 2025. The scanned copy of the compromise memo reads as follows: Page No. 2 of 8

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4. The petitioner, namely, Michael Jabasthian and the second respondent/defacto complainant, namely, Selvi [Aadhaar No.8356 5569 8413] are present before this Court in person. The parties are identified by Mr.Vimalan, Inspector of Police, Pettai Police Station, Tirunelveli City. All the parties confirmed the compromise arrived at between them. Page No. 6 of 8

5. Considering the nature of the offences, this Court is of the view that no useful purpose would be served by keeping the First Information Report (FIR) pending investigation. Accordingly, the impugned First Information Report (FIR) in Crime No.221 of 2025 on the file of the first respondent police, is quashed. The petitioner shall pay a sum of Rs.5,000/- as costs to the Mediation and Conciliation Centre attached to the Madurai Bench of Madras High Court forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6. Hence, this Criminal Original Petition stand allowed. 15.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Inspector of Police, Pettai Police Station, Tirunelveli City.

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

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SUNDER MOHAN , J.

JEN 15.10.2025 Page No. 8 of 8