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2026 Supreme(Online)(Ker) 4096

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


Advocates:
For the Appellants/Petitioners: P.VENUGOPAL
For the Respondents: SRILAKSHMI T.S, BREEZ M S (SR. PP)

O R D E R

(Dated this the 27th day of January, 2026)

The petitioner is the sole accused in Crime No.1056 of

2024 of Vadakara Police Station, Kozhikode. He filed this petition under Section 528 BNSS praying for quashing all further proceedings against the petitioner. The offences alleged against the petitioner is under Section s 74 , 75(1)(i), 64 and 62 of BNS.

2. The prosecution case as revealed from the FIR is that, on 01.09.2024 at about 2.00 in the night, when the de facto complainant was sleeping in her bedroom, the accused, who is her father-in-law entered the room and attempted to commit rape upon her and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the entire disputes between the parties were settled. Further, according to the learned counsel, this is a false case foisted against the petitioner in connection with a matrimonial dispute. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 3rd respondent/de facto complainant filed an affidavit stating that the entire disputes between the parties were settled and she has no objection in quashing

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