ORDER

Dated : 27^th November, 2025

The petitioner is the sole accused in CP No. 25 of 2025 on the file of judicial magistrate of first class-1, Pathanamthitta, arising out of Crime No. 1465 of 2024 of Pathanamthitta police station. The offences alleged against the petitioner are under Section 354 and 376(2)(n) IPC .

2. The prosecution case is that the accused, after making friendship with the defacto complainant through a matrimonial advertisement, promised to marry her, had sexual intercourse with her by force and against her will at different places on different days and thereafter, he refused to marry her.

3. According to the learned counsel for the petitioner, even if the entire materials relied upon by the prosecution against the petitioner are accepted in its face value, the same will not constitute the offence under Section 376 IPC . Therefore, he prayed for quashing all further proceedings against the petitioner.

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

5. As per the F.I. Statement, the defacto complainant is working as IT professional in UK. Her first marriage with Abhilash Gopi was dissolved in October 2017. In the said marriage, she has a son ag