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2025 Supreme(Online)(Ker) 16191

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
KIRAN N.S. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.SATHEESH MOHANAN, SRI.V.S.THOSHIN, SRI.AKHIL SUSEENDRAN, SHRI.SEKHAR G. THAMPI, SHRI.SREEJITH S. NAIR, SMT.MAHIMA, SRI G.SUDHEER

ORDER

The accused in Crime No.669/2021 of the Udayamperoor Police Station has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 to quash the FIR registered in that crime as well as the further proceedings initiated thereafter against him. The offence alleged are under Sections 376 , 354A, 354B and 509 I.P.C.

2. The prosecution case is that the accused committed rape of the de facto complainant, who was proposed to be married to him, in the afternoon of 13.08.2021 in a hotel room at Aluva. It is stated that the petitioner got acquainted with the de facto complainant through an online matrimonial site, and that their engagement for marriage was conducted on 20.08.2021. The accused allegedly compelled the de facto complainant to expose her nudity during video calls, and displayed his naked body to her immediately after their familiarity which arose out of the marriage proposal. It is thereafter that the accused allegedly took the de facto complainant to the hotel room just a week prior to their marriage engagement. However, after the marriage engagement function, the accused and his relatives retracted from the marriage proposal, and refused to co-o

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