Consent obtained in a non-coercive, consensual relationship invalidates allegations of rape under factual misconceptions.

ORDER

The petitioner is the sole accused in SC No.1921/2025 on the file of the Additional District and Sessions Court (Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram, arising from Crime No.880/2024 of Kazhakkuttom Police Station. The offences alleged against the petitioner are under Sections 354B , 376 and 376 (2)

(n) of the Indian Penal Code, 1860 .

2. The prosecution case is that the accused after promising to marry the defacto complainant, committed rape upon her during the period from January, 2022 to 17.06.2023 and thereafter he failed to marry her.

3. According to the learned counsel, now the matter has been settled with the defacto complainant and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 2^nd respondent also submitted that the matter has been settled between the petitioner and the defacto complainant and therefore, he also prayed for quashing all further proceedings against the petitioner.

5. On a perusal of the F.I Statement, it can be seen that the petitioner and the defacto complainant were in love affair for more than 2 ½ years before the date of the alleged incident. According to the defacto complainant, since January, 2022, the petitioner used to take her in his motorcycle to a room in a home-stay and commit rape upon her by force. Further, the petitioner after promising to marry her, taken her to several other places on several dates and he allegedly committed rape upon her on those days also. Thereafter, both the families decided to conduct their marriage and exchange of ring was also held. On 19.6.2023, the petitioner went to Dubai and thereafter on 26.11.2023, the defacto complainant also went to Dubai in search of a job. Since she could not find out a job, she returned home. It was thereafter the relationship between them strained.

6. On a perusal of the above statement, it can be seen that the relationship between the petitioner and the defacto complainant was purely consensual in nature. As invited by the petitioner, the defacto complainant accompanied him to various places and they had sexual intercourse with each other and as such it cannot be held that the consent given by the defacto complainant was subjected to any misconception of facts. Moreover, now the dispute has been settled between the petitioner and the defacto complainant. Therefore, no useful purpose will be served in continuing the proceedings against the petitioner and as such all further proceedings against the petitioner is liable to be quashed.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in SC No.1921/2025 on the file of the Additional District and Sessions Court (Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram, arising from Crime No.880/2024 of Kazhakkuttom Police Station, stands quashed under Section 528 of B.N.S.S.