O R D E R

(Dated this the 11^th day of December, 2025)

The petitioner is the sole accused in Crime No.806 of 2023 of Aluva East Police Station, pending as S.C No.608 of 2025 before the Additional District and Sessions Court-POCSO, Ernakulam. The offence alleged against the petitioner is under Sections 376 (2)(n) of IPC .

2. The prosecution case is that the accused, who belongs to Bihar State, came in contact with the de facto complainant via Instagram, took her to a lodge at Aluva and then at Ernakulam and committed rape upon her repeatedly during the period from 12.2.2023 to 17.4.2023 and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, even if the allegations levelled against the petitioner are believed as such, the same will not constitute the offence under Section 376 IPC , as the relationship between them was only a consensual one. Therefore, he prayed for quashing all further proceedings against the petitioner.

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

5. On a perusal of the FI statement, it can be seen that, though in the FI statement, it is alleged that the first relationship between the