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