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2024 Supreme(Ker) 618

A. BADHARUDEEN
Shebeer A – Appellant
Versus
State Of Kerala, Rep. By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.R.Prathish, P.K.Sreevalsakrishnan
For the Respondent: P.Vishnu Prasad, Sr Pp - Renjit George

ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure.A2 Final Report in Crime No.71 of 2021 of Kuttampuzha Police Station, now pending as C.P. No.3 of 2022 of Judicial First Class Magistrate Court-II, Kothamangalam.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the prosecution case is that the defacto complainant, who is a married lady having a child made acquaintance with the accused, who is the friend of her husband and they used to chat through online. In continuation of the same, on 10.00 am on 31.12.2020, the accused came to the house of the defacto complainant and committed rape on her by threatening that her naked photographs which were in possession of the accused would be sent to her husband and relatives. It is on this premise, the prosecution alleges commission of offences punishable under Sections 450, 376(1) and 506(i) of IPC.

4. The learned counsel for the petitioner submitted that, now the matter has been settled and the defact

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