[Cites 2, Cited by 0]
Madras High Court
Venkatesan vs State Rep By Its Inspector Of Police on 8 April, 2026
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
CRL.O.P.NO.4946 OF 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2026
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
CRL OP NO.4946 OF 2026
Venkatesan,
S/o.Chinnapaiyan,
Pallakkollai Village,
Nayakaneri Post, Ambur Taluk,
Tirupattur District.
Petitioner/Accused
Vs
1.State Rep by its
Inspector of Police,
All Women Police Station,
Ambur, Tirupattur.
(Crime No.24/2025)
2.Vinupriya,
District Legal Probation Officer,
District Child Protection Unit (DCPU)
Tirupattur.
3.V.Kasthuri,
W/o.Venkatesan,
Pallakkollai Village,
Nayakaneri Post, Ambur Taluk,
Tirupattur District.
4.XXXXX,
D/o.XXXXX,
XXXXX,
Ambur Taluk, Tirupattur District.
Respondents
1/7
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CRL.O.P.NO.4946 OF 2026
PRAYER: Criminal Original Petition filed under Section 528 of BNSS,
praying to call for records in Crime No.24 of 2025 on the file of the 1 st
respondent and accept the compromise memo and quash the same.
For Petitioner(s): Mr.R.Parthiban
For Respondent-1: Mr.Leonard Arul Joseph Selvam
Additional Public Prosecutor
For Respondents- Mr.S.Vishnu
3 & 4:
ORDER
The petitioner/accused in Crime No.24 of 2025 for offence under
Sections 7 and 8 of Protection of Child from Sexual Offences Act, 2012, had
filed this petition seeking to quash the F.I.R. in Crime No.24 of 2025 on the
file of the first respondent.
2.The case of the prosecution is that the second respondent/defacto
complainant, a District Legal Probation Officer attached to District Child
Protection Unit, Tirupattur lodged a complaint informing that on 07.10.2025
at about 5.00 p.m., she received a message from the victim girl, thereafter she
along with one Arunprasad, Mohan Case Worker and Jayapriya, Head
Constable caused an enquiry and lodged a complaint that the petitioner, who
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CRL.O.P.NO.4946 OF 2026
is the father of the victim girl had come to the house in an inebriated
condition and beaten her mother and forced the victim girl to accept the
marriage proposal brought by him. When the victim refused, she was tortured
and with bad intention the petitioner made bad touch on her.
3.The contention of the petitioner is that the victim in this case is none
other than the daughter of the petitioner. The petitioner’s daughter found to be
always using mobile phone and speaking at odd hours. Getting suspicious
over the conduct of his daughter, the petitioner made arrangements for the
marriage of her daughter which was by her in anger she sent a message to the
District Child Protection Unit as though the petitioner made bad touch on her.
The Child Protection Unit without conducting proper enquiry, immediately
lodged a complaint as though the petitioner in a drunken state made improper
touch. The plain reading of the complaint would show that it is without any
details as to when and what time such incident happened. The respondent
police since received complaint from the Child Protection Unit, without
verifying the facts, straightaway registered F.I.R. The petitioner filed a bail
petition in Crl.O.P.No.619 of 2026. This Court, by order dated 09.01.2026
granted bail recording that charge sheet in this case already filed. The learned
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CRL.O.P.NO.4946 OF 2026
counsel for petitioner submitted that so far no charge sheet filed in this case.
Now the petitioner’s wife/mother of the victim and the victim realised the
mistake and came forward to withdraw the complaint. Affidavit and a Joint
Memo of Compromise to that effect filed.
4.The learned Additional Public Prosecutor submitted that on the
complaint of District Child Protection Unit, a case was registered. The victim
is none other than the daughter of the petitioner. She complained that the
petitioner had come in a drunken state and forced the victim, a minor for a
marriage arranged by him, which was resisted and at that time the petitioner
beaten his wife/third respondent and also made improper touch on the victim
girl. Now case registered, investigation completed and charge sheet filed
through e-filing No.LTN20230002319C20250038 on 25.11.2025 and the
same is yet to be taken on file.
5.Considering the submissions made and on perusal of the materials, it
is seen that the petitioner is the father of the victim. The complaint against the
petitioner is that the petitioner in a drunken state forced the victim girl to
agree for the marriage propsal. The petitioner as father had arranged a
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CRL.O.P.NO.4946 OF 2026
marriage for the victim finding that victim is speaking to someone at odd
hours likely to elope. It is natural behaviour of a father which was now
projected as though the petitioner made improper touch and that too while
beating her on one occasion. In such circumstances, giving credence to the
allegations made by the victim deviating the attending circumstances might
not be proper. Now the victim/fourth respondent and her mother/third
respondent, the wife of the petitioner come forward to withdraw the
complaint. Earlier complaint lodged not realising the seriousness and its
consequences. Now the petitioner, his wife and the victim all are residing in
the same house under one roof. Thereafter, there is no such incident
happened. The victim is continuing her studies living safely and happily with
her parents.
6.In view of the above, the Criminal Original Petition is allowed and
the First Information Report in Crime No.24 of 2025, on the file of the first
respondent police, is quashed as against the petitioner. Consequently, the final
report filed through e-filing No.LTN20230002319C20250038 dated
25.11.2025 is also quashed. The petitioner is discharged of all charges.
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CRL.O.P.NO.4946 OF 2026
7.The affidavit and the Joint Memo of Compromise filed by the
petitioner and the third respondent/mother of the victim for compromising the
offences shall form part of the records.
08-04-2026
Index: Yes/No
Speaking / Non-speaking order
Neutral citation : Yes/No
rsi
To
1.The Inspector of Police,
All Women Police Station,
Ambur, Tirupattur.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.NO.4946 OF 2026
M.NIRMAL KUMAR, J.
rsi
CRL OP NO.4946 OF 2026
08.04.2026
https://www.mhc.tn.gov.in/judis
