Continuation of proceedings is unnecessary when the complainant does not wish to pursue charges post-settlement.

ORDER

Dated this the 29^th day of January, 2026 The sole accused in S.C.No.1889 of 2023 on the files of the Additional District and Sessions Court-VI, Thiruvananthapuram, filed this Crl.M.C under Section 528 of the BNSS , 2023, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Section 342 and 376(2)(n) of the Indian Penal Code . 2. The prosecution case is that, the accused, after promising to marry the de facto complainant took her to a flat near the Government Secretariat, Thiruvananthapuram, and committed rape on her.

3. According to the learned Counsel for the petitioner, now the entire dispute between the parties are settled and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The de facto complainant/2^nd respondent also affidavit stating that the entire dispute between them is settled and also that, she does not want to proceed against the petitioner.

5. The learned Public Prosecutor opposed the prayer.

However, she stated that the de facto complainant had given signed statement to the SHO, in tune with the averments in this Crl.M.C.

6. Admittedly, the de facto complainant was an MBBS student at the time of the alleged incident. As per the prosecution case, on 17.12.2021, she accompanied the petitioner to his flat to discuss about their proposed marriage. It was on that date, the petitioner allegedly committed rape upon her for the first time. Thereafter on 02.01.2022 also, the de facto complainant allegedly accompanied the petitioner in the same apartment and the petitioner committed rape upon her. Thereafter the relationship between them got strained. Therefore, from the averments in the First Information Statement itself, it is revealed that the relationship between them was a consensual one. There is absolutely no evidence to show that, from the very beginning, the petitioner had no intention to marry the de facto complainant, so as to attract the offence punishable under Section 376 (2)(n) of the IPC . Moreover, now the entire dispute between the petitioner and the de facto complainant has been settled and she does not want to proceed against the petitioner.

7. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner and as such, this Crl.M.C is liable to be allowed.

In the result, the Criminal Miscellaneous Case is allowed.

All further proceedings in S.C.No.1889 of 2023 on the files of the Additional District and Sessions Court-VI, Thiruvananthapuram, against the petitioner is quashed.

Sd/-