BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
B. Pugalendhi, J
Saravanan . C – Appellant
Versus
State of Tamil Nadu, Rep. by The Inspector of Police, Dindigul – Respondent
Based on the provided legal document, the key points are as follows:
The relationship between the petitioner and the defacto complainant was consensual and mutual, spanning several years. The court emphasized that prolonged consensual relationships cannot be deemed deceitful solely because they later sour (!) .
The allegations of deceit or false promises made at the inception of the relationship were found to lack sufficient evidence. The court noted that a false promise made without the intent to deceive from the beginning does not constitute criminal liability, especially when the relationship continued for a long period without protest (!) (!) .
The court highlighted that the complainant, being an educated adult and a practicing advocate, was aware of the implications of her conduct, and the relationship's breakdown does not automatically imply deception or criminal intent (!) (!) .
The court clarified that mere breach of promise or personal disputes arising from consensual relationships do not warrant criminal prosecution and can be considered abuse of the legal process if invoked improperly (!) (!) (!) (!) .
The legal distinction between consent obtained through deception and consensual acts was emphasized. Consent, being a reasoned act, must be understood in the context of the nature and timing of promises and conduct, with particular attention to whether there was mala fide intent from the outset (!) (!) (!) .
The continuation of a physical relationship over an extended period, without protest or objection, dilutes the element of deception, making allegations of false promises less tenable (!) .
The court observed that private relationships and personal choices are within the realm of individual autonomy, and the criminal law should not be used to moralize or resolve emotional disputes stemming from consensual acts (!) (!) .
Ultimately, the court found that pursuing criminal proceedings in this case would constitute an abuse of process, and therefore, the petition to quash the proceedings was allowed (!) (!) .
In summary, the court prioritized the principles that consensual, long-standing relationships, especially among aware adults, should not be criminalized solely based on personal disputes or the breakdown of such relationships, unless there is clear evidence of deception or mala fide intent from the outset.
ORDER
This Criminal Original Petition has been filed by the petitioner seeking to quash the proceedings in PRC.No.75 of 2025 pending on the file of the learned Judicial Magistrate No. III, Dindigul.
2.The petitioner is the sole accused in the said proceedings for the offences punishable under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 . The prosecution case is that the defacto complainant, an Advocate enrolled in 2018 with the Bar Council of Tamil Nadu and Puducherry, was acquainted with the petitioner during her college days at the Government Law College, Madurai, while the petitioner was studying at the Madurai Kamaraj University. They developed a relationship, and on 11.03.2020, the petitioner is said to have invited her to a motor shed near his village, where he allegedly had sexual intercourse with her against her will, on the pretext that he was going to marry her. Thereafter, they are stated to have had sexual intercourse on several occasions. When the defacto complainant later enquired about marriage, the petitioner refused and, on 25.01.2025, allegedly threatened her, citing caste differences. Hence, the complaint.
3.Learned Counsel for the petitioner submitt
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