COMMON O R D E R

These petitions are filed to call for the records relating to FIR in Crime No.112 of 2022 on the file of Inspector of Police, Pallikaranai Police Station, Chennai and quash the same.

2.The petitioner in Crl.O.P.No.7024 of 2022 is the first accused and the petitioner in Crl.O.P.No.6426 of 2022 is the second accused in this case.

3.The learned counsel for the petitioners submitted that the First Information Report in Crime No.112 of 2022 is falsely registered against the petitioners. The allegations in the First Information Report are totally false. On the basis of the complaint, First Information Report was registered under Sections 376, 406 I.P.C.

in Crime No.112 of 2022 of Pallikaranai Police Station. Even as per the allegations made in the complaint, the defacto complainant admitted having consensual sexual relationship with the first accused. Therefore, prima-facie, there is no case made out against the accused for registering the First Information Report under Section 376 I.P.C. There is also no case made out for registering case under Section 406 I.P.C. Thus, he prayed for quashing of the case in Crime No.112 of 2022. He further submits that in case of consensual sexual relationship, question of rape will not arise. He pressed into service, the order dated 20.09.2021 passed in Crl.O.P.No.10901 of 2021. It is observed in the order as follows:-

30......Thus, the 2nd respondent was consciously with active mind participated in the act. Further, it is not the case of passive submission in the case of any psychological pressure exerted and there was a tacit consent and the tacit consent given by her was not the result of any misconception created in her mind. It is not in dispute that the 2nd respondent had sufficient intelligence to understand the significance and moral quality of the act she was consenting and show no objection. Thus, there is a clear distinction between rape and consensual sex.

4.Per contra, Mr.E.Raj Thilak, the learned Additional Public Prosecutor opposed these petitions on the ground that the allegations made in the complaint and in the First Information Report clearly make out a case for registering the First Information Report under Section 376 and 406 I.P.C. There are other offence are also made out. The 164 Cr.P.C. statement of the defacto complainant was recorded.

The investigation is pending.

5.The defacto complainant/second respondent appeared in person. This Court offered her the legal assistance. She refused the legal assistance and wanted to make her own submissions. She submitted that all the allegations made in the complaint are true. She was not in live-in relationship with the first accused. On the other hand, he had forcible sexual intercourse with her against her will and consent. He also induced the second accused to mis-behave with her. The 62 inch TV taken by first accused is not returned. Therefore, she prayed for dismissal of these petitions.

6.Considered rival submissions and perused the records.

7.The reading of First Information Report allegations shows that the defacto complainant came into contact with the first accused. He supported her in a dispute with neighbour and get into the good books of the petitioner. Due to the death of defacto complainant's mother and loss in business, she was under severe stress. First accused took her to pastor Isreal. Pastor Isreal asked her to observe fasting for 21 days. First accused asked defacto complainant not to entertain any relatives in her house during the 21 days of fasting. She was asked to use the salt and oil given in the church. He segregated others and made the defacto complainant lonely. He arranged a servant maid and also a driver. He referred the defacto complainant as his wife to others. He started to mis-behave with her sexually. Defacto complainant had even slapped him in the public. After 21 days of fasting, he took her again to pastor Isreal and then asked her to drink the oil. She was profusely bleeding during her me