This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure with the following prayers:

(i)to quash Annexure AII final report in Crime No.992/2020 of Taliparamba Police Station, Kannur District, now pending as C.P.No.67/2021 before the Judicial First Class Magistrate Court, Taliparamba, as against the petitioner;

ii)issue such any other order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”

2.The prosecution allegation herein is that the accused made acquaintenance with the defacto complainant, while working at a company in Ernakulam, through telephone and he requested her to reach Coimbatore. Then she reached Coimbatore. Later, the accused had taken her to a hotel and promised her that he would marry. Thereafter, on the promise of marriage she was subjected to rape. He continued the same on other days, repeating the said promise. This is the base on which the prosecution alleges commission of offences punishable under Sections 354 (A)(1) and 376(2)(n) of the Indian Penal Code (` IPC ’ for short).

3.The learned counsel for the petitioner argued that the ingredients to attract offence punishable