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2026 Supreme(Online)(Ker) 2977

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


Advocates:
For the Appellants/Petitioners: SRI.BASIL CHANDY VAVACHAN, SMT.RESHMA SUKUMARAN, SMT.CHARUTHA BHAIJU, SMT.CHANDHANA BHAIJU, SMT.FATHIM NAVAS, SHRI.BASIL SAJAN, SMT.KAVYA RANI JAYAPRAKASH, SMT.LEKSHMI PRIYA V., SHRI.MUHAMMED SHUHAIB A.S., SMT.AISWARYA JALIN, SHRI.BASIL SCARIA
For the Respondents: SHRI.ROHIT R.

ORDER

Dated this the 22nd day of January, 2026 The petitioner who is the sole accused in Crime No.1471/2025 of Kazhakkuttom police station, filed this petition under Section 528 of BNSS praying for quashing all further proceedings against them. The offences alleged against the petitioner is under Sections 3 76(1), 376(2)(n), 420 IPC and Section 3 (2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .

2. The prosecution case is that the accused who is not a member of SC/ST community with the intention to satisfy his sexual needs committed rape upon her on 09.03.2020 after taking her to a building near Mahadeva temple, Kazhakkuttam. Thereafter, took her to various places during the period from 2021 to 2025 after promising to married her, sexually abused her and finally refused to marry her.

3. According to the learned counsel for the petitioner now the entire dispute between the petitioner and the defacto complainant were settled, they got married and they are living happily. The petitioner has also produced the marriage certificate issued by the Local Registrar of Marriages, Kottukal Grama Panchayat stating that the marriage was solemnized on 16.11.2025.

4.

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