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2025 Supreme(Online)(Ker) 57702

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
MIDHUN GEORGE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.V.JOHN SEBASTIAN RALPH, Shri.VISHNU CHANDRAN, Shri. RALPH RETI JOHN, Shri.APPU BABU, Smt.SHIFNA MUHAMMED SHUKKUR, Shri.GIRIDHAR KRISHNA KUMAR, Smt.VISHNUMAYA M.B., Smt.GEETHU T.A., Smt.APOORVA RAMKUMAR
For the Respondents: SMT. SEENA C., PUBLIC PROSECUTOR

O R D E R

The accused in S.C. No.488/2020 on the files of the Additional Sessions Court-II, North Pavavur, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973, to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offence punishable under Section 376 (2)(n) of the Indian Penal Code , 1860.

2. The prosecution case is that the petitioner resorted to sexual exploitation of the de facto complainant by indulging in sexual relationship with her during the period from 29.12.2018 till the month of October, 2019, while she was residing along with him, believing his promise of marriage. It is stated that the de facto complainant, who is a divorcee having two children, got acquainted with the petitioner through a matrimonial advertisement, and that thereafter, the family members of both the parties had resolved to conduct their marriage. However, the de facto complainant would allege that the petitioner retracted from the promise of marriage from the month of October, 2019 onwards. Thus, it is alleged that the sexual intercourse between the petitioner and the de facto complainant during the period

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