Marriage after alleged offense can nullify proceedings under certain statutory provisions.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 15^TH DAY OF JANUARY 2026 / 25TH POUSHA, 1947 CRL.MC NO. 11280 OF 2025 CRIME NO.433/2025 OF FEROKE POLICE STATION, KOZHIKODE PETITIONER(S)/ACCUSED:

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS.

SRI.T.D.SUSMITH KUMAR SHRI.JAYKAR.K.S.

SMT.ANJALI R. MENON SMT.ANJANA ASHOK SHRI.C.SIVADAS SMT.VANDANA A.

RESPONDENT(S)/STATE/COMPLAINANT/DEFACTO-COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 SUB INSPECTOR OF POLICE FEROKE POLICE STATION, NEAR FEROKE NEW BRIDGE, FEROKE, KOZHIKODE, PIN - 673631

3 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV SRI.K.MUJEEBRAHMAN OTHER PRESENT:

SR. PP - SRI. BREEZ M.S THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 15^th day of January, 2026 The petitioner is the sole accused in Crime No.433 of 2025 of Feroke Police Station, Kozhikode. He filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 64 (2)(m), and 69 of the BNS, 2023.

2. The prosecution case is that the accused, after promising to marry the defacto complainant, subjected her to sexual abuse during the period from 03.12.2024 to 02.04.2025, and thereby he is alleged to have committed the offences.

3. According to the learned counsel for the petitioner, subsequent to the alleged incident, the petitioner and the defacto complainant got married, and now they are living happily. He has produced Annexure A2, a marriage certificate issued by the local Registrar of Marriages, Kozhikkode Municipal Corporation, stating that the petitioner and the defacto complainant got married on 17.08.2025. Therefore, he prayed for quashing the proceedings against the petitioner.

4. Heard. Sri. Breez M.S., the learned Senior Public Prosecutor.

5. The defacto complainant also filed an affidavit stating that the entire dispute between the petitioner and the defacto complainant was settled amicably, and they got married, and they are living happily as husband and wife. In the above circumstances, this is a fit case in which the proceedings is liable to be quashed by invoking the power under Section 528 of the BNSS .

In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No.433 of 2025 of Feroke Police Station, Kozhikode, are hereby quashed.

Sd/-