IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.8153 of 2022

1.Sudhakar

2.Subhaiya

...Petitioners

-Vs-

1. The State rep by,

The Inspector of Police,

All Women Police Station,

Perur, Coimbatore.

Crime No.18/2021.

2. Nisha

..Respondents

W/o.S.Sudhakar

Prayer: Criminal Original Petition is filed under Section 482 of

the Criminal Procedure Code, praying to call for records

relating to Cr.No.18 of 2021 on the file of the All Women Police

Station, Perur at Coimbatore.

For Petitioners: Mr.S.Syed Mazhar Hayath.

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor for R1.

O R D E R

This petition has been filed call for records relating to

Cr.No.18 of 2021 pending on the file of the All Women Police

Station, Perur at Coimbatore.

2.The case of the prosecution as per the defacto complainant/

second respondent/Nisha is that she was earlier married to one

Kumar and she has got one boy child by name Anish.

Subsequently, due to matrimonial dispute she had divorced her

husband. Thereafter, she was living at Coimbatore from January

2014 to 2021. Meanwhile, the first petitioner/accused has got

into touch with her through tik-tak and developed friendship.

The further averment is that the first petitioner/accused had

induced her on the promise of marrying her and had sexual

https://hcservices.ecourts.gov.in/hcservices/

intercourse with her and refused to marry her, and further

during the relationship the petitioner had fraudulently obtained

Rs.7lakhs and four sovereign of Gold jewels and cheated her.

Due to the relationship, the second respondent has got pregnant.

Based on the complaint given by the defacto complainant a case

in Cr.No.18 of 2021 was registered for the offence under Section

417, 420, 506(i)and 376(i) of IPC, the case is pending

investigation.

3.The learned counsel for the petitioners would submit that

during the pendency of investigation, the petitioners and the

defacto complainant/second respondent have compromised the

issue. He would further submit that the second respondent has

also delivered a female child. The first petitioner has also

accepted the paternity of the child and he has also married the

defacto complainant and the marriage was registered at Office of

the SRO, Periyamet vide Sl.No.TMR/Periamet/81/2022 dated

28.01.2022.He would further submit that the relationship between

the petitioner and the defacto complainant was consensual in

nature, apprehending the first petitioner may not marry her, the

second respondent/defacto complainant had preferred the

complaint against him. He would submit that the defacto

complainant has also filed an affidavit stating that the matter

has been compromised between them and the marriage was also

solemnised between them.

4.The first petitioner and the second respondent are now

living together as husband and wife. The second

respondent/defacto complainant has also filed an affidavit and

the parties are identified by their respective counsel on

record. The relevant portion of the affidavit filed by the

second respondent/defacto complainant is reproduced hereunder:-

''1.I

submit

that

I

am

the

2nd

respondent/defacto Complainant herein, based on my

compliant the 1st respondent registered a case in

Crime No.18 of 2021 for the offence under sec 417,

420, 506 (i) and 376 (i) of IPC against the

petitioners.

2.I submit that I and 1st petitioner were in

love with each other, the 1st petitioner had

agreed to marry me and had sexual intercourse.

However due to certain misunderstanding between us

and also the 2nd petitioner's intervention the 1st

petitioner not accepting the marriage, thereby I

had lodged the complaint against the petitioners.

3.I submit that due to intervention of the

elders and well wishes in the both