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2026 DAILYLAW 53702 (MAD)

P.Elankavi v. State of Tamilnadu rep by, The Inspector of Police,

CRL OP/18370/2026 · 2026-07-14

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.OP.No.18370 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP.No.18370 of 2026 and CRL.MP.N o .12228 of 2026 P.Elankavi ..Petitioner Vs. 1. State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Chengam, Tiruvannamalai District. (Crime No.8 of 2026) 2. G.Girija ..Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records, pertaining to impugned First Information Report in Crime No.8/2026 dated 04.03.2026 on the file of the 1st respondent police and quash the same as illegal as far as the petitioner is concerned. For Petitioner: Mr.K.Semmalai For Respondents: Mr.Mohamed Riyaz (for R1) Government Advocate (Crl. side) https://www.mhc.tn.gov.in/judis CRL.OP.No.18370 of 2026 __________ Page2 of 6 ORDER This criminal original petition has been filed to quash the FIR in Crime No.8 of 2026, dated 04.03.2026, registered for the alleged offences under Sections 417, 294(b) and 506(i) of the Indian Penal Code (IPC) Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. 2. The prayer sought in this petition is innocuous in nature, and as such, this petition is disposed of at the admission stage itself, without ordering notice to the second respondent. 3. A perusal of the FIR reveals that the second respondent/de facto complainant has alleged that the petitioner, under the false promise of marriage, maintained a physical relationship with her, as a result of which she became pregnant and that the petitioner subsequently cheated her and coerced her into undergoing an abortion. https://www.mhc.tn.gov.in/judis CRL.OP.No.18370 of 2026 __________ Page3 of 6 4. The learned counsel for the petitioner submitted that the offence under Section 294(b) and 506(i) of IPC are not made out on the face of the record. He further submitted that given the long-standing relationship between the petitioner and the de facto complainant, the essential ingredients to attract an offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act are also absent. 5. Per contra, the learned Government Advocate (Criminal Side) appearing for the first respondent police submitted that specific and clear- cut allegations have been made regarding the de facto complainant becoming pregnant and the petitioner insisting upon an abortion. Consequently, the case was registered and is currently under investigation. 6. Whether the physical relationship was the outcome of a consensual, long-standing relationship or whether it was obtained through enticement, pressure or a false promise of marriage is a question of fact. Such factual disputes cannot be determined at this nascent stage of registration of the FIR and can only be adjudicated after a holistic appreciation of the evidence collected during the investigation. https://www.mhc.tn.gov.in/judis CRL.OP.No.18370 of 2026 __________ Page4 of 6 7. In view of the above, the prayer sought by the petitioner to quash the FIR at this stage cannot be entertained. Accordingly, this criminal original petition stands disposed of with the following directions: a. The Investigating Officer is directed to conclude the investigation and file a final report in accordance with law within a period of three (3) months from the date of receipt of a web-copy of this order. b. Liberty is granted to the petitioner to agitate all his grievances and raise his contentions before the appropriate forum at a later stage, if so advised. Connected miscellaneous petition is closed. 14-07-2026 Neutral Citation: No Sni https://www.mhc.tn.gov.in/judis CRL.OP.No.18370 of 2026 __________ Page5 of 6 To 1.The Inspector of Police, All Women Police Station, Chengam, Tiruvannamalai District. 2.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL.OP.No.18370 of 2026 __________ Page6 of 6 D.BHARATHA CHAKRAVARTHY, J. Sni CRL.OP.No.18370 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis