Consent and prior marriage preclude the possibility of criminal liability for alleged sexual abuse.

O R D E R Dated this the 6^th day of January, 2026 Petitioner is the sole accused in Crime No.1445/2024 of Kodungallur Police Station, Thrissur, which is now pending as C.P. No.20/2025 before the Judicial First Class Magistrate Court, Kodungallur. The offence alleged against the petitioner is that he has sexually abused the defacto complainant after promising to marry her.

2. According to the learned counsel for the petitioner, even if the entire allegations levelled against the petitioner are believed as such, the same will not constitute the offence alleged against the petitioner. Therefore, he prayed for quashing all further proceedings against the petitioner.

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

4. In the FI statement itself, the defacto complainant stated that she was already married to another person and that the relationship with her husband strained. It was at that time, she came in contact with the petitioner and thereafter maintained relationship with him during the period from June, 2024 onwards. It is also stated that he has taken her to a temple at Paravur and tied a knot around her neck secretly and thereafter they started living together and continued the relationship with each other. Even from the above allegations, it can be seen that the relationship between them was a consensual one. Her claim that she had given consent for the relationship because of the promise of marriage could not be believed as she was already married to another person. In the above circumstances, the allegations against the petitioner do not constitute the offence punishable under Sections 69 and 74 of the BNS and as such no useful purpose will be served in continuing the proceedings against the petitioner.

5. In the result, this Criminal M.C. is allowed. All further proceedings against the petitioner in C.P. No.20/2025 on the file of the Judicial First Class Magistrate, Kodungallur, is quashed.