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2021 Supreme(Online)(KER) 27816

HIGH COURT OF KERALA
... – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

DATED THIS THE 2ND DAY OF SEPTEMBER, 2021 The petitioner, who is the sole accused in Crime No.

144 of 2018 of Perambra Police Station, registered for the offence punishable under Section 376 of Indian Penal Code, has filed this application under Section 482 of the Code of Criminal Procedure to quash the FIR.

2. The prosecution allegation is that the petitioner/accused is a person who is quite familiar to the defacto complainant. On 05.03.2018 while she was on her way back to her house after her work, the petitioner offered a lift to her in his vehicle to drop at her residence and when she got into the vehicle, he took her to the residential house of one of his relatives at Payyoli by about 23 hrs and committed rape on her, thereby he committed the aforesaid offence.

3. The learned counsel for the petitioner has submitted that the petitioner has not committed any offence as alleged by the prosecution and now the entire matter has been settled between the parties and they are living together. An affidavit has also been sworn to by the defacto complainant/2nd respondent stating that now they are living together. Hence, this petition to quash Annexure A FIR.

4. Heard the learned couns

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