JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the case in Crime No.07 of 2021 on the file of the 1st respondent and quash the same.)

1. This Criminal Original Petition has been filed to quash the FIR in Crime No.07 of 2021, pending on the file of the 1st respondent Police.

2. The 2nd respondent lodged a complaint against the petitioners before the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur. On receipt of the same, the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur, by order, dated 25.09.2020 in Crl.M.P.No.1121 of 2020 forwarded the complaint under Section 156(3) of Cr.P.C., to the 1st respondent Police and directed to register a case if cognizable offence is made out. On receipt of the same, the 1st respondent Police registered a case in Crime No.07 of 2021 against the petitioners for offence under Sections 376(2)(n), 417, 420, 506(ii) and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002.

3. The gist of the case is that the 2nd respondent/defacto complainant is an Advocate (Enrolment No.2361 of 2015) by profession and is practising in Madras High Court and various Courts in and around Chennai. The 2nd respondent got married in the year 2009 with one T.N.Viswanath. Out of their wedlock, she gave birth to a male child and her husband is working in South Africa and he visited India lastly during the month of March 2015. During the month of April 2015, the 2nd respondent developed friendly relationship with the 1st petitioner, who is presently employed as Judicial Magistrate No.II, Chidambaram. The 1st petitioner and the 2nd respondent got introduced through the social media viz., ‘Nimbuzz’. Initially, they started to meet regularly in public places and were discussing about the cases. Whenever the 2nd respondent had legal doubts, the same were clarified by the 1st petitioner. Slowly, the 1st petitioner disclosed his family status that he is living separately with his mother at Iyyappanthangal and had ambition to pass Civil Judge Exam.

4. On 14.04.2015, the 1st petitioner called the 2nd respondent to come to his house to assist him in legal research work for his case. Believing the same, the 2nd respondent had gone to the house of the 1st petitioner. At that time, the 1st petitioner made false representation that he loves her and interested to remarry her and take care of her son and provide social security and also promised that after he becomes a Judicial Magistrate, he will talk to her husband T.N.Viswanath and take steps to dissolve her marriage by initiating divorce proceedings. On 15.04.2015, at about 10.30 a.m., the 1st petitioner again called her to assist him in legal work. When the 2nd respondent visited the 1st petitioner in his house, he dragged her into the bed room and attempted to have physical relationship. The 2nd respondent refused the same and said that it is not moral. At that time, the 1st petitioner again reiterated his earlier false representation. Believing the false representation, the 2nd respondent consented to have sexual relationship with the 1st petitioner due to misconception of facts. On 20.04.2015, when the 2nd respondent was at her home, the 1st petitioner requested to lend a loan of Rs.15,000/- for clearance of his financial debts and he assured to return back the money within a week. Since the 2nd respondent was not having such amount, she expressed her inability. Again, the 1st petitioner made the earlier false promise and hence, the 2nd respondent gave Rs.15,000/- to him. During the period from the month of April 2015 to June 2019, on the false promise made by the 1st petitioner, the 2nd respondent blindly believed the same as true and had sexual intercourse with the 1st petitioner. After June 2019 when he became Judicial Magistrate, the 1st petitioner informed her to wait for few more months till he finishes his training period and get confirmati