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2025 Supreme(Online)(Ker) 49515

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
defacto complainant/CW1 – Appellant
Versus
accused/3rd respondent – Respondent


Advocates:
For the Appellants/Petitioners:[learned counsel for the petitioner]
For the Respondents:[learned counsel for the accused/3rd respondent, learned Public Prosecutor]

ORDER

The defacto complainant/CW1 in SC No.462/2023 on the files of the Additional Sessions Court (Violence Against Women and Children), Ernakulam, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 , to quash the proceedings against the accused in the said case. The offences alleged against the accused are under Section s 376 , 376(2) (n), 417, 420 and 506(i) of the Indian Penal Code, 1860 .

2. The prosecution case is that the accused/3rd respondent, by suppressing the fact that he is a married man having a child also, indulged in sexual relationship with the defacto complainant by giving the false promise of marriage. It is stated that the accused indulged in sexual relationship with the defacto complainant on 19.10.2019, 23.11.2019, 24.11.2019 and on various dates thereafter, at different hotels and lodges. It is also alleged that the accused obtained the gold ornaments belonging to the defacto complainant and misappropriated the same. Later on, when the defacto complainant insisted for the marriage, the accused allegedly threatened her that she would be done away with.

3. The case has been registered by the Kalamassery Police on the basis of the F

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