SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

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
CRL.MC NO. 9522 OF 2025



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.

The court can quash criminal proceedings when parties have amicably settled, especially through marriage, demonstrating the purpose of justice.

Headnote:The petitioner sought quashing of proceedings under Section 528 of BNSS regarding offences under Sections 376(1), 376(2)(n), 420 IPC and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court found that the entire dispute was amicably settled as the petitioner married the defacto complainant after the alleged incidents. Therefore, the proceedings were quashed. The court ruled that given the amicable resolution through marriage, it is a suitable case for quashing the proceedings under Section 528 BNSS.

Table of Content
1. allegations of rape and promise of marriage. (Para 1 , 2)
2. marriage certificate indicates resolution. (Para 3)
3. quashing of proceedings due to settlement. (Para 4)

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. Since the petitioner married the defacto complainant and the entire dispute between them amicably settled and they are leading a happy marital life, this is a fit case in which the proceedings can be quashed by invoking the power under Section 528 BNSS .

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.1471/2025 of Kazhakkuttom police station, stands quashed under Section 528 of B.N.S.S.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top