The court emphasizes the need for consent in prosecuting sexual assault cases, ruling against the continuation of proceedings when mutual consent is established.

O R D E R

(Dated this the 28th day of January, 2026)

The petitioner is the sole accused in C.P.No.29 of

2025 of Judicial First Class Magistrate Court, Vatakara, arising out of Crime No.12 of 2025 of Chombala Police Station. He filed this petition under Section 528 of BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 332 , 64(2)(m) and 69 of BNS.

2. The prosecution case is that the accused, with an intention to satisfy his sexual lust, made friendship with the de facto complainant in April 2023 and thereafter, promised to marry her and sexually abused her repeatedly and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, even though the entire allegations levelled against the petitioner are believed as such, no offences as alleged by the prosecution are made out. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was opposed by the learned Public Prosecutor.

5. Though notice was served on the 2^nd respondent/de facto complainant, she did not turn up.

6. On a perusal of the FI statement, it can be seen that the petitioner and the de facto complainant were classmates during their Plus two course. They became intimate friends in April 2023. It is alleged that, on 10.07.2023 at about 10.00 a.m., the accused trespassed into her residence and committed rape upon her without her consent. However, from the subsequent averments in the FI statement, it is revealed that they continued their relationship atleast 10 times at different places. Even as per the FI statement, the petitioner promised to marry her only after a few such incidents, that too, only when she asked him whether their above conduct is right.

7. On a perusal of the entire averments in the FI statement, it is revealed that their relationship was a consensual one. The prosecution allegation that she had given consent because of the promise of marriage could not be believed as even as per the FI statement, the petitioner had given promise of marriage only after two or three incidents of sexual abuse. In other words, the prosecution case that the accused abused the de facto complainant after promising to marry the de facto complainant cannot be believed. Therefore, there is no meaning in continuing the proceedings against the petitioner as the offence alleged against him is not made out.

Further, it will only be an abuse of the process of Court.

Therefore, this Crl. M.C is allowed. All further proceedings against the petitioner in C.P.No.29 of 2025 of Judicial First Class Magistrate Court, Vatakara, arising out of Crime No.12 of 2025 of Chombala Police Station, is quashed under Section 528 of B.N.S.S.

Sd/-