[Cites 3, Cited by 0]
Madras High Court
R.Naresh vs The State Represented By The Inspector ... on 9 April, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.5047 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.04.2026
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.5047 of 2026
R.Naresh ... Petitioner
Vs.
1.The State rep. by
The Inspector of Police,
Madipakkam AWPS Police Station,
Greater Chennai Police.
2.V.Sindhu ... Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to call for the records and quash the charge
sheet in S.C.No.207 of 2024 on the file of the Mahila Court, Chengalpattu.
For Petitioner : Mr.A.Arun Kumar
For R1 : Mr.Leonard Arul Joseph Selvam
Additional Public Prosecutor
Page No.1 of 13
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.5047 of 2026
ORDER
The petitioner/accused in S.C.No.207 of 2024 facing trial for the
offence under Sections 417 and 376(1) IPC on the file of the Mahila Court,
Chengalpattu filed this Criminal Original Petition.
2.Case of the prosecution is that the defacto complainant in this case
lodged a complaint on 05.07.2023 stating that she was residing along with
her parents in Panaiyur village. She completed her Diploma in Nursing and
was working in Mount Multispecciality Hospital as Nurse. During 2018, the
defacto complainant attended marriage of her aunt’s daughter in Mylapore
where she met the petitioner, cousin of the bridegroom and they became
friendly. During November 2021, the defacto complainant joined Hariharan
Diabetic and Heart Care at Nanganallur and she was staying along with her
friends and colleagues at Ullagaram, Madipakkam, Chennai. The
relationship between the petitioner and the defacto complainant continued.
Whenever she was alone and her room-mates away, she called the petitioner
and both spend time together and they became intimately close. Thereafter,
the defacto complainant joined Adiparasakthi Hospital at Melmaruvathur for
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training, at that time, she was travelling from her residence at Cheyyur to
Melmaruvathur daily by bus. On some days, the defacto complainant had to
attend night duty, at that time, the petitioner offered her to drop in his bike in
the Hospital and on one such day, petitioner took her to a lodge near
Sothupakkam and informed her that he is madly in love with her and
promised he would marry her. Believing the promise, defacto complainant
gave herself and they had physical relationship. Further whenever she was
alone at the shared accommodation at Ullagaram, the petitioner used to visit
regularly and have physical relationship. When the defacto complainant
insisted for the marriage, the petitioner informned that he would convince
his parents, family members and thereafter, marry her. On 30.01.2023, the
petitioner tied Thali inside the room and had physical relationship and
defacto complainant became pregnant. On 09.04.2023, the defacto
complainant went to her uncle’s house at Cheyyur where she saw an
engagement invitation of the petitioner with another girl. When the defacto
complainant questioned the petitioner, he informed that he was unable to
convince his mother and family members. Hence, to stop the marriage
defacto complainant lodged a complaint and a case registered, marriage
stopped. Later in the Police Station, petitioner gave an undertaking to
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marry the defacto complainant but in a deceitful manner without informing
anyone petitioner married one Arthi on 07.05.2023 at Padavettamman
Temple, Tiruttani. The defacto complainant foetus aborted and the DNA
report confirmed the petitioner’s paternity. On completion of investigation,
charge sheet filed listing LW1 to LW17 and documents.
3.The contention of the learned counsel for the petitioner is that the
petitioner and the defacto complainant, both hail from same village, came to
know each other during a marriage function and they became friendly in the
year 2018, they developed a love affair. The statement of the victim confirm
it was she who called him to Ullagaram, when her room-mates were away
and they had physical relationship, petitioner and defacto complainant got
glued, both educated, major and victim consciously knowing the
consequences had physical relationship with the petitioner without any
resistance. Since the family members of the petitioner arranged a marriage
with another girl, namely, Arthi, case registered. From the statement of
witnesses, nowhere it could be seen that the petitioner made any false
promise or caused any deception. The relationship was both physical and
physiological at that age. The defacto complainant/victim a Nurse well
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aware about the consequences of the act had conscious and continued
relationship with the petitioner and later turned against the petitioner for not
marrying her. In her statement, though she states petitioner forcibly took her
to a lodge at Sothupakkam and tied Thali in the room but no details or
materials could be given except for sweepy allegation. Nowhere the defacto
complainant in her statement states she was forcibly subjected to physical
relationship. He further submitted that now the victim has come forward to
voluntarily withdraw the complaint against the petitioner and not to proceed
against him. Further, she needs the case to be closed at the earliest, so that
she can carry with her life as planned by her without any shade of litigation.
4.The learned Additional Public Prosecutor submitted that in this case,
the defacto complainant is the victim, who lodged a complaint to the
respondent police about the petitioner having physical relationship with the
defacto complainant on a false promise of marriage. Both the petitioner and
the defacto complainant hail from the same village with similar social and
economic status. The defacto complainant was deceived and the petitioner
continued his physical relationship on several occasions, finally the victim
became pregnant. The victim and her parents went to the petitioner and his
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family seeking for marriage but the petitioner and his family members not
accepted the relationship and they arranged a marriage to the petitioner with
one Arthi which was stopped but the petitioner and his family members took
Arthi to Tiruttani and secretly performed the marriage. The victim became
pregnant, foetus collected, DNA test conducted and the report confirms the
paternity of the petitioner. On conclusion of investigation, charge sheet filed
in this case listing 17 witnesses and materials.
5.The second respondent/defacto complainant appeared before this
Court, confirmed past love relationship with the petitioner for five years.
Before the complaint, during the love affair period, deceived by the false
promise of marriage petitioner had physical relationship with the victim.
The victim on the belief that she would get married to him, she became
intimated with him. Later petitioner shown his true colour, had engagement
and marriage with one Arthi. The defacto complainant became pregnant and
voluntarilyy gave consent to abort the foetus. She further submitted that the
victim now is more focussed on her professional career and she also intends
to seek employment abroad. She further submitted that she had a conscious
relationship and being a Nurse and was aware of the consequences. The
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defacto complainant realising she also contributed to the relationship,
finding there is no point in continuing the prosecution and her relationship
was voluntary, she came forward to withdraw the case.
6.Considering the submissions made and on perusal of the materials, it
is not in dispute that the petitioner and the defacto complainant both in love
for five years and thereafter elevated to have physical relationship from 2021
to 2023, during this period, they were together intimately on several
occasions. It is seen that the petitioner went to the defacto complainant’s
place of stagy and had been with her, confirming that the victim had shown
no resistance. Further the victim is a major and a Nurse by profession who
is well aware of the consequences, due to her act and allowed the petitioner
to have physical relationship with her. In view of the above, charge under
Section 376 IPC is not made out. Now the only charge is under Section 417
IPC, deception and cheating on false promise of marriage which is a
compoundable offence and the victim now come forward to file an affidavit
to condone the act of the petitioner and not to further pursue the case. Both
the petitioner and the defacto complainant filed a joint compromise memo
and a scanned reproduction of the same is as follows:
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
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7.In view of the above, the Criminal Original Petition stands allowed
and as a sequel, the case in S.C.No.207 of 2024 on the file of the Mahila
Court, Chengalpattu is quashed against the petitioner and he is discharged
from all charges.
09.04.2026
Speaking order/Non-speaking order
Index: Yes/No
Neutral Citation: Yes/No
cse
https://www.mhc.tn.gov.in/judis
To
1.The Inspector of Police,
Madipakkam AWPS Police Station,
Greater Chennai Police.
2.The Mahila Court,
Chengalpattu.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
cse
09.04.2026
https://www.mhc.tn.gov.in/judis
