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2025 Supreme(Online)(Ker) 53345

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Pratheesh Prabha – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Sri.S.Rajeev, Sri.V.Vinay, Sri.M.S.Aneer, Shri.Sarath K.P, Shri.Prerith Philip Joseph, Shri.Anilkumar C.R
For the Respondents: Public Prosecutor, Smt.Maya M.N, Sri.Joy C. Paul, Sri.Bobby George, Shri.Eldhose Joy, Shri.Reejo Johnson, Shri.Noble George, Shri.Abhilash Muraleedharan

Table of Content
1. allegations of rape based on false pretenses. (Para 2 , 3)
2. opposition to quashing based on alleged intimidation. (Para 4)
3. assessment of consent in long-term relationships. (Para 6 , 7 , 8)
4. legal grounds for quashing proceedings in rape accusations. (Para 9 , 10)

ORDER

Dated : 28th November, 2025 The petitioner is the sole accused in S.C. No. 1289 of 2022 on the file of the Additional Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women and children), Ernakulam. The offences alleged against the petitioner are under Sections 376 (2)(n), 417 and 506(i) IPC .

2. The prosecution case is that the accused with the intention to satisfy his sexual lust and to cheat the defacto complainant, came in contact with her through social media and thereafter promised to marry her and took her to various places and committed rape upon her and thereafter, when defacto complainant came to know that he was already married, he intimidated the defacto complainant and threatened to communicate her nude photographs and videos in social media and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel

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