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2026 Supreme(Online)(Ker) 5591

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
...... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10767 OF 2025|CRIME NO.808/2021|SC NO.688 OF 2022



Advocates:
For the Appellants/Petitioners: SRI.K.R.SUNIL
For the Respondents: SRI. BREEZ M.S, SR. PP SMT.AISWARYA MADHU

A marriage between the accused and the victim after settlement of disputes grounds the quashing of charges under relevant statutory provisions.

Headnote:This case involves the application of Section 528 of the BNSS, 2023, where the petitioner sought to quash proceedings against him in S.C.No.688 of 2022 due to amicable settlement with the de facto complainant, whom he has since married. The court found that all disputes were resolved and allowed the quashing of proceedings. The main issues centered around the consent and nature of the relationship post-dispute. The court reasoned that the marriage constituted valid grounds to dismiss the charges, asserting the inviolability of personal relationships once amicably settled. Consequently, all charges were dismissed as the parties resolved their differences through marriage.

Table of Content
1. nature of offences and allegations against accused (Para 1 , 2)
2. resolution of dispute through marriage (Para 3)
3. court's role in quashing proceedings (Para 5)

ORDER

Dated this the 29th day of January, 2026 The petitioner, who is the sole accused in S.C.No.688 of

2022 on the files of the Fast Track Special Court, Chengannur, arising out of Crime No.808 of 2021 of Kayamkulam Police Station, filed this Crl.M.C under Section 528 of the BNSS , 2023, for quashing all further proceedings against the petitioner. The offences alleged against the petitioner are under Sections 450 and 376(2)(n) of the Indian Penal Code and Section 66E of the Information Technology Act .

2. The prosecution case is that, on several days, since February, 2019, the accused trespassed into the residence of the de facto complainant and repeatedly committed rape on her, after threatening to spread her naked photographs to her husband and relatives and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned Counsel for the petitioner, now the entire dispute between the petitioner and the de facto complainant was settled amicably and also that, they are married to each other. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned Counsel for the de facto complainant/

2nd respondent also submitted that the de facto complainant and the petitioner married each other and now they are living happily. They have also produced copy of the marriage certificate as Annexure A6, stating that they got married on

09.05.2022.

5. Since the entire dispute between the parties were settled and the accused himself married the victim and they are living happily as husband and wife, this is a fit case in which the proceedings can be quashed by invoking the power of this Court under Section 528 of the BNSS , 2023.

In the result, the Criminal Miscellaneous Case is allowed. All further proceedings in S.C.No.688 of 2022 on the files of the Fast Track Special Court, Chengannur, arising out of Crime No.808 of 2021 of Kayamkulam Police Station, against the petitioner, is quashed.

Sd/-

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