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2025 Supreme(Online)(Ker) 59008

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
VIPIN G – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.R.PRATHISH, SHRI.P.K.SREEVALSAKRISHNAN
For the Respondents: ADV SRI.P.VISHNU PRASAD

Table of Content
1. accused's marriage to the victim is central in considering quashment. (Para 1 , 2 , 3)
2. public prosecutor acknowledges victim's statement aligns with her affidavit. (Para 4 , 7)
3. court emphasizes harmony and justice in quashing settled cases. (Para 5 , 8 , 9)

ORDER

Dated : 14th November, 2025 The petitioner is the accused in crime No.333/2023 of Nenmara police station, Palakkad, which is now pending as C.P.75/2023 of the Judicial Magistrate of First Class, Alathur. The offences alleged against him are under Section 3 76(2) (n) and 447 IPC, Section 4 r/w 3(a), 6 r/w 5(J) (ii) of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that the accused after pretending love to the defacto complainant took her to various places and had sexual intercourse with her and thereafter refused to marry her. It is also alleged that when he came to know about the fact that the defacto complainant lodged a complaint against him, he married her on 21.7.2023 at Nenmara Registrar's office and thereby he alleged to have committed the aforesaid offences.

3. According to the petitioner, this is a false case foisted against him and also that

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