Crl.O.P.No.1174 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA

Crl.O.P.No.1174 of 2021 and

Crl.M.P.No.720 of 2021

Shanmugam

... Petitioner/Accused

/vs/

The State of Tamil Nadu

Rep by the Inspector of Police,

Varanjaram Police Station,

Villupuram District.

(Crime No.243 of 2012)

... Respondent/ Complainant

Prayer : Criminal Original Petition has been filed under Section 482 of

Cr.P.C. to call for the records in S.C.No.163 of 2020 on the file of the

Sessions Judge Mahalir Neethimandram (Fast Track Mahila Court)

Villupuram and quash the same.

For Petitioner

... Mr.M.Devaraj

For Respondent

... Mr.A.Gopinath,

Govt. Advocate (Crl.Side)

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Crl.O.P.No.1174 of 2021

ORDER

This Criminal Original Petition has been filed to call for the records

in S.C.No.163 of 2020 on the file of the Sessions Judge Mahalir

Neethimandram (Fast Track Mahila Court) Villupuram and quash the same.

2. Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl.Side) appearing for the respondent.

3. On the complaint given by the defacto complainant on the

allegation that she had a love affair with the petitioner and in view of that,

she was influenced by the petitioner and accepted for physical relationship

between themselves. After she heard about the marriage arrangement of the

petitioner with someone else, she went and asked him to marry her. But the

petitioner refused to marry her. Thereafter, she had given a complaint. On

the above complaint given against the petitioner, a case has been registered

against the petitioner. After completing the investigation, a charge sheet

has been filed for the offence under Sections 417, 376 & 506(i) IPC.

4. The learned counsel for the petitioner submitted that even

according to the complaint, the defacto complainant has stated that she has

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Crl.O.P.No.1174 of 2021

consensual relationship with the petitioner and hence there is no ingredient

to make out an offence of rape; there is no allegation made in the

complaint that the petitioner had the intention to deceive her; failure to

fulfil the promise to marry cannot be construed as the offence of cheating

and hence the petition should be allowed. He also submitted that the

defacto complainant has not subjected herself for medical examination.

5. The learned counsel for the petitioner further submitted that the

deceased has committed suicide only because her brother abused her. He

also submitted that when there is no allegation in the complaint that the

accused had the intention to deceive her, mere failure to fulfil the promise

to marry the defacto complainant cannot be construed as the offence of

cheating. In support of his contention, he drew the attention of this Court

to the decision rendered in the case of Pramod Suryabhan Pawar Vs.

State of Maharashtra & Anr, reported in 2019 STPL 9627 SC.

6. The learned Government Advocate (Crl.Side) submitted that the

defacto complainant had committed suicide within three days of giving the

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Crl.O.P.No.1174 of 2021

complaint and it is because the petitioner had attempted to marry some

other girl; hence the petition should be dismissed.

7. Since the submission made by the learned counsel for the

petitioner are all matters of facts, they has to be tried only during the trial.

On perusal of the records it is seen that the defacto complainant who is no

more now, had given the complaint on the allegation that she has conspired

with the petitioner. Since she fell in love with him and in view of that, she

had even subjected herself to physical relationship with him. But he

attempted to marry some other girl and thereafter the defacto complainant

went and requested him