ORDER :

The petitioner is the sole accused in C.P.No.13/2016 pending before the Judicial First Class Magistrate Court-XI, Thiruvananthapuram which arises from Crime No.1398/2015 of Peroorkada Police Station. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code (IPC).

2. The prosecution case is as follows :

The defacto complainant/2nd respondent is a married lady having a daughter aged 11 years and she is a journalist (Her marriage was legally terminated in the year, 2009 and a child born in the said relationship is residing along with her Ex-husband). The allegation is that the petitioner induced the 2nd respondent with a promise to marry her, to have sexual intercourse with her and later he withdrawn from the said promise and thus committed the offence of rape.

3. The present petition is filed by the petitioner seeking to quash Annexure-A1 final report submitted by the police after conducting the investigation. According to the petitioner, the contents of Annexure-A1 does not make out an offence of rape and, therefore, this is a fit case where the powers of this Court under Section 482 of the Code of Criminal Procedure (Cr.PC) is to be invoked.

4. He