Thennarasu v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.14259 of 2025 and Crl.MP(MD) No.11524 of 2025 Thennarasu ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Inspector of Police, AWPS-Paramakudi Police Station, Ramanathapuram District.

(Crime No.3/2025).

2.Sathyasoundarya

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned First Information Report in Crime No.3/2025 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.K.Navaneetharaja, For R1 : Mr.P.Kottaichamy Government Advocate (Crl.side) For R2 : Mr.Yasar Arafath

O R D E R

The petitioner/ sole accused in Crime No.3 of 2025, on the file of the first respondent police, has filed this petition to quash the above proceedings, pending as against him.

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2.The above case was registered as against this petitioner for the offence under Section 69 of BNS, 2023, on the complaint of the second respondent/defacto complainant.

3.The learned counsel appearing for the petitioner submits that though the above case has been registered for the offence under Section 69 of BNS, 2023, the petitioner has already married the defacto complainant and therefore, the case in Crime No. 3 of 2025 has to be quashed.

4.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) takes notice for the respondent police and denied the submissions of the petitioner's counsel. According to the learned Government Advocate (Crl.side), this petitioner has filed an affidavit of undertaking before this Court that he will marry the defacto complainant, when his bail application was taken up for hearing. Thereafter, he failed to marry the defacto complaint as undertook by him before this Court. The defacto complainant has moved an application to cancel the bail granted to this petitioner and during the hearing of that petition, in order to prevent the cancellation of bail, this petitioner has married the defacto 2/5

complainant and later thrown away her in the streets. 5.The learned counsel for the defacto complainant submits that the defacto complaint is now 9 months pregnant. 6.Considering the attitude of the petitioner in promising to marry the defacto complainant by filing an affidavit of undertaking before this Court, married her and has also thrown out her in the streets, once he obtained bail, this Court is not inclined to quash the proceedings pending as against him.

7.Accordingly, this Criminal Original petition is dismissed with a direction to the respondent police to file the final report as expeditiously as possible. Consequently, connected Miscellaneous Petition is closed.

28.08.2025 NCC : Yes/No Index : Yes/No vrn 3/5

To 1.The Superintendent of Police, O/o. Superintendent of Police, Pudukkottai District, Pudukottai.

2.The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

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B.PUGALENDHI,J vrn Order made in Crl.O.P.(MD)No.14259 of 2025 and Crl.MP(MD) No.11524 of 2025 28.08.2025 5/5