ORDER

This Crl.M.C. has been filed to quash the entire proceedings in C.P.No.4/2021 on the file of the Judicial First Class Magistrate Court-II, Thrissur.

2. The petitioner is the accused. The offence alleged against the petitioner is under Section 376(2)(n) of the IPC.

3. The prosecution case in short is that, the petitioner sexually assaulted the victim in October, 2019 and also on a day six to seven months prior to that, after giving a false promise of marriage, committed the offence.

4. I have heard Sri.Bitto.N.L., the learned counsel for the petitioner and Smt.Pushpalatha, the learned Sr.Public Prosecutor for the 1st respondent.

5. The learned counsel for the petitioner submitted that the petitioner and the victim were in love and at best the sexual act they had was consensual in nature and offence under Section 376 of the IPC is not attracted. The learned counsel further submitted that, even though the alleged incident was in the year 2019, the FIR was registered only in August, 2020. The learned counsel also submitted that no date and time of the alleged offence has been mentioned in the FIS and, hence, there is violation of Section 212 of the Cr.P.C.

6. I went through the FIS. It would show that the petitioner and the victim were in love. The allegations in the FIS would further show that in the month of October, 2019, the victim went to the house of the petitioner and after a short while his mother went out of the house. At that time, the petitioner after giving a promise of marriage had sexual intercourse with her. The allegations in the FIS clearly would show that the alleged sexual act was done after giving the promise of marriage. In these circumstances, the offence under Section 376 of the IPC is prima facie attracted. When prima facie case is made out, the jurisdiction vested with this Court under Section 482 of the Cr.P.C. to quash the proceedings cannot be invoked.

There is no merit in this Crl.M.C. Hence, it is dismissed.