ORDER :

A. BADHARUDEEN, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash Annexure 1 FIR in Crime No.976/2022 registered by Mattannur Police Station and all proceedings based on it.

2. In this matter, prosecution alleges the commission of offence by the accused punishable under Section 376 of IPC.

3. The learned counsel for the petitioner would submit that the de facto complainant is a married lady who after giving consent to sexual intercourse with the accused, alleged that she was subjected to sexual intercourse on the promise of marriage. Therefore, the allegation itself is not prima facie made out. That apart now the de facto complainant who is arrayed as 2nd respondent, filed affidavit stating that the relationship is consensual and she has no grievance in this matter, supporting quashment.

4. The learned Public Prosecutor formally opposed quashment of the proceedings and at the same time, he conceded that as per the FIS the de facto complainant is a married lady.

5. I have gone through the FIS. The same would suggest that the de facto complainant is a lady who got married ten years back, had a child aged 9 years, m