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2026 Supreme(Online)(Ker) 5586

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


Advocates:
For the Appellants/Petitioners: ADV SHRI.AMEER SALIM
For the Respondents: SMT.C. SEENA, PP, SRI.P. SANJAY, SMT.A.PARVATHI MENON, SRI.BIJU MEENATTOOR, SRI.PAUL VARGHESE (PALLATH), SRI.P.A.MOHAMMED ASLAM, SRI.KIRAN NARAYANAN, SHRI.PRASOON SUNNY, SHRI.RAHUL RAJ P.

ORDER

Dated this the 29th 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/3rd 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 t

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