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2025 Supreme(Online)(Ker) 57212
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
ALFAS.H – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7039 OF 2025
For the Appellants/Petitioners: SHRI.T.K.SANDEEP, SMT.SWETHA R.
For the Respondents: SHRI.HARIKRISHNAN P.B.
Consensual relationship claims lead to quashing of rape charges when disputes are settled.
Headnote:The petitioner seeks quashing of proceedings under Section 376(2)(n) of the IPC concerning allegations of rape after a promise to marry. The complainant has settled the dispute, affirming that the relationship was consensual. The court finds no purpose in continuing proceedings, allowing the petition and quashing the charges.
Result: All further proceedings against the petitioner in Crime No.557/2025 stand quashed.
| Table of Content |
|---|
| 1. accused's claim of consensual relationship. (Para 1 , 2) |
| 2. settled dispute negates prosecution. (Para 3 , 4) |
| 3. proceedings deemed an abuse of process. (Para 5) |
ORDER
Dated this the 12th day of December, 2025 The petitioner is the accused in Crime No.557/2025 of Nilambur Police Station, Malappuram, re-numbered as Crime No.448/2025 of Kozhikode Kasaba Police Station. The offences alleged against him are under Section 376 (2)(n) of Indian Penal Code .
2. The prosecution case is that the accused after promising to marry the defacto complainant committed rape upon her during the period from 10.02.2023 to 07.04.2024 and thereafter he refused to marry her and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the defacto complainant were settled and therefore, he prayed for quashing all further proceedings against the petitioner.
4. The petition was strongly opposed by the learned Public Prosecutor.
5. On a perusal of the FI Statement given by the defacto complainant, it appears that, both of them were MBBS students and they have sexual relationship with each other over a long period at different places. Therefore, it can be prima facie seen that the relationship between them was a consensual one. It is substantiated by the affidavit filed by the defacto complainant stating that the entire disputes has been settled and that she does not wants to proceed with this case.
In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner further as the same will only be an abuse of the process of the court. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No.557/2025 of Nilambur Police Station, Malappuram, re-numbered as Crime No.448/2025 of Kozhikode Kasaba Police Station, stands quashed.
