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2026 Supreme(Online)(Ker) 6254

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA. – Respondent
CRL.MC NO. 5499 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SHRI.ATHUL POULOSE, SRI. BREEZ.M.S

Inherent power under Section 482 Cr.PC can quash proceedings when parties have reconciled and married.

Headnote:The petitioner, accused in a sexual abuse case under Section 376(2)(n) IPC, filed a petition under Section 482 Cr.PC to quash proceedings against him. The prosecution alleged repeated sexual abuse after a promise of marriage. However, the petitioner submitted that they married and are living happily, supported by the marriage certificate. The court found this situation appropriate for quashing the proceedings.

Result: This Crl. M.C is allowed.

Table of Content
1. marital reconciliation leading to quashing of proceedings. (Para 1 , 2 , 3)
2. inherent power under section 482 cr.pc used to quash proceedings. (Para 4)

O R D E R

(Dated this the 30th day of January, 2026)

The petitioner is the accused in S.C No.1110 of 2023 of Additional Sessions Court-IV, Palakkad, arising out of Crime No.77 of 2023 of Agali Police Station. He filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 376(2)(n) of IPC .

2. The prosecution case is that the accused sexually abused the de facto complainant repeatedly after promising to marry her and thereafter failed to marry her and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the entire dispute between the petitioner and the de facto complainant were settled, they married each other and now they are living happily. He has also produced the copy of the marriage certificate issued by the Local Registrar of Marriages, Pudunagaram Grama Panchayath, stating that they got married on 12.09.2024.

4. Since the accused himself married the victim and now they are living happily as husband and wife, this is a fit case in which the proceedings against the petitioner can be quashed by invoking the inherent power of this Court under Section 482 Cr.PC.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in S.C No.1110 of 2023 of Additional Sessions Court-IV, Palakkad, arising out of Crime No.77 of 2023 of Agali Police Station, is quashed under Section

482 of Code of Criminal Procedure .

Sd/-

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