Quashing of proceedings in cases where parties have settled and allegations are deemed consensual.

ORDER

Dated this the 29^th day of January, 2026 The petitioner, who is the sole accused in Crime No.727 of 2021 of Viyyur Police Station, 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 is under Sections 342 and 376(2)(n) of the Indian Penal Code .

2. The prosecution case is that, on 15.07.2019 and

04.09.2021, at Woodlands hotel, as well as in the rented house of the de facto complainant, the accused sexually abused the de facto complainant, after promising to marry her.

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

4. The de facto complainant/3^rd 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, upon instructions, she submitted that the de facto complainant had sent an e-mail communication to the SHO, acknowledging the factum of settlement, as stated in the affidavit filed before this Court.

6. On a perusal of the First Information Statement given by the de facto complainant, it can be seen that, the petitioner and the de facto complainant had sexual relationship with each other on two different occasions. One on 15.07.2019 and the other on 04.09.2021. The first incident was in a hotel, while the second one was on her own rented building, after a gap of two years. Therefore, prima facie, the relationship between them was a consensual one. It is fortified by the fact that, now the de facto complainant has filed an affidavit stating that 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 Crime No.727 of 2021 of Viyyur Police Station, against the petitioner is quashed.

Sd/-