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 Page No.2 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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 Page No.3 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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 Page No.4 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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 Page No.5 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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 Page No.6 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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: Page No.7 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 Page No.8 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 Page No.9 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 Page No.10 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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 Page No.11 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 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. Page No.12 of 13 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5047 of 2026 M.NIRMAL KUMAR, J. cse Crl.O.P.No.5047 of 2026 09.04.2026 Page No.13 of 13 https://www.mhc.tn.gov.in/judis