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2025 Supreme(Online)(Ker) 51002

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
...... – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.U.K.Devidas
For the Respondents: Smt.P.M.Shahida

ORDER

This is a petition filed under Section 482 of the Code of Criminal Procedure , 1973 by the accused in Crime No.427/2022 of Kottakkal Police Station, which is pending as CP. No.80/2022 on the file of the Judicial First Class Magistrate Court, Malappuram. The offences alleged against the petitioner are punishable under Sections 451 , 354, 354A (I)(III), 506, 511 and 376 of Indian Penal Code , 1860.

2. The prosecution case is that on 05.11.2018 at about

11.00 p.m., the accused, who is the younger brother of the husband of the defacto complainant, tresspassed into her residence, outraged her modesty and attempted to rape her and when she resisted, intimidated to do away with her and thereby he alleged to have committed the above offences.

3. According to the learned counsel for the petitioner, the dispute has been settled with the petitioner and the defacto complainant and victim/ respondent No.2 and she agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him.

4. The petition was opposed by the learned Public Prosecutor.

5. The Defacto complainant/victim filed an affidavit stating that the

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