Consent in sexual relationships negates allegations under Section 376(2)(n) IPC if established prior to any promise of marriage.

ORDER

Dated this the 19^th day of December, 2025 The petitioner is the sole accused in S.C No. 289 of 2025 on the file of the Judicial First Class Magistrate Court-I, Alappuzha, arising out of Crime No. 1497 of 2024. The offence alleged against the petitioner is under Section

376(2)(n) of the IPC .

2. The prosecution case is that the accused, after promising to marry the defacto complainant, subjected her to sexual abuse during the period from 06.06.2023 to 10.12.2023 and thereafter refused to marry her, and thereby he is alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioner, even as per the averments in the FI statement, the relationship between the petitioner and the defacto complainant was only a consensual one, and as such the offence under Section 376 (2)(n) IPC is not made out. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petiton was strongly opposed by the learned Public Prosecutor.

5. Though upon service of notice the de facto complainant entered appearance through a counsel, when the matter was taken up for arguments, there was no representation for her.

6. On a perusal of the FI statement, it is revealed that the petitioner and the defacto complainant became friends while working in a hospital. Since June 2023 they started having sexual relationship with each other. In July 2023, they started living under a common roof, along with some other colleagues working in the same hospital. As per the FI statement, only after they started living in the same residence in July 2023, did the petitioner promise to marry the defacto complainant. In the FI statement, it is stated that they started a physical relationship in June 2023, and at that time there was no promise of marriage. Since they started to have a sexual relationship even before the petitioner promised to marry the defacto complainant, their relationship was a consensual one. Therefore, the allegations against the petitioner will not make out the offence under Section 376 (2)(n) IPC and as such no useful purpose will be served in continuing the proceedings against the petitoner. Therefore, this Crl.M.C is liable to be allowed.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in S.C No. 289 of 2025 on the file of the Additional Sessions Court, Alappuzha, arising out of Crime No. 1497 of 2024 is quashed.