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HIGH COURT OF KERALA
SOPHY THOMAS, J
GEORGE K VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of sexual assault under false marriage promise. (Para 1 , 2 , 3) |
| 2. settlement reached between the petitioner and the complainant. (Para 4 , 5 , 6) |
| 3. public prosecutor supports the quashing based on marriage. (Para 7) |
| 4. previous case law supports quashing when marriage follows the alleged promise. (Para 8) |
| 5. court's view favors family life over legal outcomes. (Para 9) |
O R D E R
Dated this the 31st day of January, 2024 This Crl.M.C. under Section 482 of Cr.P.C. is filed by the sole accused in Crime No. 1183 of 2022 of East Town Police Station, Thrissur for quashing Annexure-A1 FIR registered under Sections 376(1), 376(2)(n) of IPC.
2. The prosecution allegation is that, the petitioner on a false promise of marriage, sexually assaulted and raped the de facto complainant, and she became pregnant thereby.
3. When the matter is taken up for consideration, learned counsel for the petitioner submitted that, the matter stands settled between the petitioner and the 2nd respondent/de facto complainant, and they got married to each other. The de facto complainant intends to withdraw from the prosecution, and she has no objection in quashing the proceedings, again
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