A genuine relationship and mutual consent negate allegations of rape under false promise of marriage, leading to quashment of proceedings.

ORDER

The petitioner herein is the sole accused in Crime no.703/2018 of Koipuram Police Station, Pathanamthitta. The offences alleged are under Sections 366 and 376 of the Penal Code and Section 66E of the Information Technology Act . The petitioner seeks quashment of the entire proceedings in the above Crime, on the strength of the settlement arrived at by and between the parties.

2. The prosecution case leveled against the petitioner is that, the petitioner committed rape on the defacto complainant/victim by extending a false promise of marriage. At the time of the alleged incident, the petitioner was a 23 year old Bsc.MLT graduate, employed as a lab technician in a private hospital at Malappuram. The petitioner took the victim to Aranmula Sub Registrar office and induced her to sign several documents for the purpose of solemnizing a registered marriage. Thereafter, the petitioner committed rape on the defacto complainant from the month of April, 2016 till 16^th June, 2018 at various places, including the residential house of the petitioner, various resorts and home stays near K.S.R.T.C bus station, Alappuzha. The prosecution would further allege that the petitioner took the victim to the aforementioned places in his car, bearing Registration No. KL 05 AF 2525, and took several nude photographs of the victim. Later, the petitioner began fabricating various excuses and distanced himself from any discussion regarding the marriage between the defacto complainant and the petitioner. Thereafter, the petitioner withdrew from the marriage, interdicted the victim from disclosing the incident to anyone, and threatened the defacto complainant, stating that he would publish her nude photographs and kill her parents and sister, if she disclose the matter, thereby committing the offences enumerated above.

3. It is the specific case of the defacto complainant in the F.I.S. that the complaint was lodged after she informed her parents about the alleged incident, upon realizing that that the petitioner would not marry her, despite subjecting her to rape multiple times. However, as regards the rape, the case espoused is that, she was subjected to sexual intercourse, on pure basis of treating her as his wife, as part of the promise to marry.

4. Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

5. This Court notice that the petitioner is seeking quashment on the strength of a settlement arrived at by and between the petitioner and the defacto complainant. An affidavit has been sworn to by the defacto complainant, wherein she would unequivocally vouch that the matter has been settled amicably and that, the petitioner and the defacto complainant have decided to solemnize their marriage as early as possible. The defacto complainant would also state that she has no further grievances against the petitioner and that the complaint was lodged under a mistaken impression. The defacto complainant would also swear that she has no objection in quashing the criminal proceedings against the petitioner and that she does not want to proceed with the prosecution case, any further. When this Crl.M.C. was moved, this Court directed the learned Public Prosecutor to get the statement of the defacto complainant recorded through the Investigating Officer. The same is also available before this Court, wherein also, the defacto complainant would re-iterate the factum of settlement, as also, her disinterestedness to prosecute the matter any more. She would also reiterate that the families of both the petitioner and the defacto complainant have decided to conduct their marriage.

6. Subsequently, during the course of proceedings before this Court, the marriage took place on 11.11.2024 and the certificate of marriage issued by the Mar Thoma Church, Maramon, has been produced at Annexure-A6. This Court has also perused the photograph of the marriage ceremony produced at Annexure-A7. Learned Counsel for the petitioner submits that pursuant to the ma