Karthick Raja v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2026 PRESENT:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL OP NO.13558 OF 2026 1.Karthick Raja S/o. Muruganantham 2.Muruganantham H/o. Chithradevi 3.Chithradevi W/o. Muruganantham All are residing at No.5, KVK Street, Alwarthirunagar, Meenakshi Amman Nagar City, Maduravoyal Taluk, Chennai District.
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Petitioners / Accused 1 to 3 Vs.
1.The State Rep. By its Inspector of Police AWPS, Vadapalani, Chennai.
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1st Respondent / Complainant 2.Priyadharshini D/o. Karuppaiah No.7, KVK Street, Alwarthirunagar, Meenakshi Amman Nagar City, Maduravoyal Taluk, Chennai District.
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2nd Respondent / Defacto complainant Page No.1 of 8
PRAYER: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying to call for the records and to quash the First Information Report in Crime No.5 of 2026 pending on the file of the first respondent as against the petitioners herein. For Petitioners :
Mr.D.Padmanabhan For Respondent-1 :
Mr.C.R.Malarvannan Government Advocate (Criminal Side) For Respondent-2 :
Ms.K.Priyadharshini (Party - in - person) Defacto complainant
O R D E R
This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying to call for the records relating to Crime No.5 of 2026 pending on the file of the first respondent / police and to quash the same on the basis of the compromise arrived at between the petitioners and the second respondent / defacto complainant.
2.The petitioners and the respondents are physically present before this Court. The second respondent / defacto complainant was duly identified by the first respondent / police. This Court also interacted with the second respondent. During the course of such interaction, the second respondent produced her original educational records to establish that her date of birth is March 26, 2000.
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3.The case of the prosecution is that the second respondent filed a written complaint on March 11, 2026 against the petitioners. Based on the complaint, the first respondent / police registered a case in Crime No.5 of 2026 for the alleged offences punishable under Sections 69, 118(1), 318(2) and 351(1) of Bharatiya Nyaya Sanhita (BNS) 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002. 4.In the complaint, the second respondent / defacto complainant has stated that the first petitioner is the son of the second and third petitioners. The first petitioner and the second respondent are residing in the same street and are well acquainted with each other. On November 21, 2019, the first petitioner and the second respondent had physical relationship. Thereafter, they continued to have physical relationship on several occasions. It was all under the pretext of marrying her. Subsequently, the first petitioner refused to marry the second respondent / defacto complainant. Hence, the complaint.
5.Mr.D.Padmanabhan, learned Counsel appearing for the petitioners, submitted that the first petitioner and the second respondent / defacto complainant have voluntarily entered into a compromise without any force, coercion or undue influence. He further submitted that the physical Page No.3 of 8
relationship between the first petitioner and the second respondent was consensual in nature. Since the dispute between the parties has been amicably settled, no useful purpose would be served by proceeding further with the investigation. Accordingly, he prayed for allowing this Criminal Original Petition and to quash the First Information Report in Crime No.5 of 2026.
6.This Court interacted with the second respondent / defacto complainant and also perused her educational records to ascertain her date of birth. The second respondent submitted that she and the first petitioner had physical relationship on mutual consent and that there was no force, coercion or undue influence. She further submitted that the first petitioner had never promised to marry her. Owing to certain misunderstandings between them, both parties have now decided to part ways amicably. Accordingly, she prayed for allowing this Criminal Original Petition. To that effect, the second respondent / defacto complainant has also filed an affidavit dated April 22, 2026.
7.Except the offences under Sections 69 and 118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002, the other offences are Page No.4 of 8
compoundable in nature. Though the first respondent / police has registered non-compoundable offences, the second respondent / defacto complainant has voluntarily stated before this Court that she and the first petitioner had physical relationship on mutual consent and it was not solely under the pretext of marriage; though they both had the intent to marry each other, due to some subsequent developments, they could not do so. She further stated that she desires to move on from the relationship. In view of the voluntary statement made by the second respondent / defacto complainant, this Court is of the view that no useful purpose would be served in proceeding further with the investigation in Crime No.5 of 2026; investigation and trial would only prove to be a futile exercise.
Further, on the date of the alleged occurrence, the second respondent / defacto complainant was a major. She being an educated person, this Court is of the view that she was fully aware of the nature and consequences of her acts and conduct. To be noted, this Court has ascertained the date of birth and her literacy of the second respondent by verifying with her original records like 10th and 12th standard mark sheets, college records, aadhar card etc.
8.In view of the facts and circumstances of the case, this Court is inclined to allow this Criminal Original Petition and accordingly, this Page No.5 of 8
Criminal Original Petition is allowed. Consequently, the proceedings in Crime No.5 of 2026 pending investigation on the file of the first respondent police are quashed as against the petitioners. The Joint Memo of Compromise dated April 22, 2026 filed by the petitioners and the second respondent for compounding the offences shall form part of the record. 22.05.2026 Index : Yes / No : Yes / No Speaking Order : Yes / No TK Page No.6 of 8
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To 1.The Inspector of Police AWPS, Vadapalani, Chennai.
2.The Public Prosecutor Madras High Court.
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R.SAKTHIVEL, J.
TK CRL OP NO.13558 OF 2026 22.05.2026 Page No.8 of 8