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2026 Supreme(Online)(Mad) 34303

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
NALINI – Appellant
Versus
STATE REP BY – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2026 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7099 of 2023 and Crl.MP.Nos.4477 & 4479 of 2023

1.Nalini

2.Manivannan ... Petitioners Vs.

1.State by:

The Inspector of Police, All the Women Police Station, Salem Town, Salem District

2.Bhavani ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for records and quash the proceedings in CC.No.622 of 2022 on the file of Additional Mahila Court, FTC, Salem as against the petitioners herein.

For Petitioners : Mr.A.Ashwin Kumar For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side)

For R2 : No appearance

ORDER

This criminal original petition has been filed to quash the proceedings in CC.No.622 of 2022 on the file of Additional Mahila Court, FTC, Salem as against the petitioners herein.

2. The case of the prosecution is that the first accused is the husband of the second respondent. Both fell in love and got married in a temple on 05.06.2013 without the presence of any other family member. After their marriage, they lived together and the first accused promised that he would marry her in the presence of all the relatives. Later, he breached the said assurance and did not marry the second respondent. Further, all the accused persons promised her that the first accused would marry her after a year on 30.08.2018. However, the first accused stated one or other reason and cheated the second respondent by giving false promise to marry her after three months. While it was questioned, all the accused persons threatened the defacto complainant / the second respondent with dire consequences. Hence, a complaint was lodged. 3. On receipt of the said complaint, the respondent registered FIR in crime No.6 of 2018. After completion of investigation, final report was filed for the offence under Sections 417, 420 & 506(i) of IPC and the same was taken cognizance by the trial court. The petitioners are A4 and A5.

4. The learned counsel for the petitioners would submit that even according to the second respondent, there is absolutely no allegation against them. Since the fourth accused is the sister of the first accused, she has been falsely implicated as an accused. The fifth accused is none other than the husband of the fourth accused. Even according to the second respondent, they allegedly gave ill advice to the first accused not to marry the second respondent and they also scolded her that the first accused married another lady. Except this allegation, there is no other allegation to attract the offence under Sections 417, 420 & 506(i) of IPC.

5. The learned Government Advocate(crl.side) appearing for the first respondent submitted that there are totally seven accused, in which the petitioners are arrayed as A4 and A5. They are close relatives of the first accused and they also instructed the first accused not to marry the second respondent and they also threatened the second respondent with dire consequences if she insisted for her marriage with the first accused. Therefore, there are specific allegations against the petitioners to attract the offences under Sections 417, 420 & 506(i) of IPC. Hence, he prayed for dismissal of this criminal original petition.

6. Heard the learned counsel appearing on either side and perused all the materials placed before this Court.

7. On perusal of the records, it is revealed that there are totally seven accused, in which the petitioners are arrayed as A4 and A5. The fourth accused is none other than the sister of the first accused and the fifth accused is the husband of the fourth accused. Even according to the second respondent, she fell in love with the first accused and she married the first accused on 05.06.2013 before a temple. Both of their family members were not present during their marriage. Thereafter, the first accused only assured the second respondent that he would marry her in the presence of the family members. As far as the

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