ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A1 FIR in Crime No.773/2021 of Nadakkavu Police Station, Kozhikode.

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 on 26.12.2016 and maintained relationship with him. In continuation of the same, they had sexual intercourse during the period from August 2017 to September 2021. In the First Information Statement given by the defacto complainant, the said fact is stated and also stated that the accused offered to marry the defacto complainant. It is on this premise, the prosecution alleges commission of offences punishable under Sections 376(1) and 376(2)(n) of IPC.

4. According to the learned counsel for the petitioner, both parties are not fit for marriage, since both are married and having children. The learned counsel for the peti