Quashing of criminal proceedings based on mutual settlement between parties and recognizing consensual relationships under IPC and IT Act.

O R D E R

(Dated this the 29th day of January, 2026)

The petitioner is the sole accused in Crime No.268 of

2024 of Kazhakkuttom Police Station, Thiruvananthapuram. He filed this petition under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 354C , 376(2)(n) and 506 of IPC and Sections 66E , 67 and 67A of the IT Act.

2. The prosecution case is that the accused after promising to marry the de facto complainant, subjected her to sexual abuse and also threatened to publish her nude photographs and videos in social media and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the entire disputes between the parties were settled. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 2^nd respondent/de facto complainant also submitted that the entire disputes between the petitioner and the de facto complainant were settled. Therefore, she also prayed for quashing all further proceedings against the petitioner. The 2nd respondent also filed an affidavit stating that the matter has been settled and that she does not want to proceed against the petitioner.

5. Though the learned Public Prosecutor opposed the petition, he submitted that the de facto complainant had given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.

6. In the FI statement, the de facto complainant claims that she had given consent to the petitioner under promise of marriage. According to the learned counsel, her earlier marriage was subsisting at the time of the alleged incident. In the FI statement, she stated that, she was living along with one vishnu, since 2018 and at the time of the alleged incident, they were living separately. It appears that the petitioner and the de facto complainant were having relationship with each other during the period from 2023 to 2024. During that period, they had sexual intercourse with each other on different dates at different places. Therefore, prima facie, it is revealed that the relationship between them was a consensual one. It is also fortified by the averments in the affidavit filed by the de facto complainant.

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, this Crl. M.C is allowed. All further proceedings against the petitioner in Crime No.268 of 2024 of Kazhakkuttom Police Station, Thiruvananthapuram, is quashed under Section 528 of B.N.S.S.

Sd/-