The court quashed the proceedings based on the settlement between the parties and the consensual nature of the relationship.

O R D E R

(Dated this the 3rd day of February, 2026)

The petitioner is the sole accused in Crime No.2528 of 2025 of Thiruvalla Police Station, Pathanamthitta. He filed this petition under Section 528 BNS S praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 87 , 74, 75(1)(i), 351(2), 64(1), 76, 78(1) and 78(1)(ii) of .

2. The prosecution case is that on 22.07.2025 at about 5.30 p.m., the accused forcefully took the de facto complainant in his car from near Thiruvalla Bathelpadi Bus stop, took her to Changanassery, stopped the car below a tree and sexually abused her 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 is settled. Therefore, he prayed for quashing all further proceedings against him.

4. The learned counsel for the 2^nd respondent/de facto complainant also submitted that the entire dispute between the petitioner and the de facto complainant is settled and that the proceedings against the petitioner can be quashed. The de facto complainant also filed an affidavit stating that the dispute with the petitioner has already been settled and that she has no objection in quashing the proceedings against the petitioner.

5. Though the petition was strongly opposed by the learned Public Prosecutor, upon instructions, she submitted that the de facto complainant had already given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.

6. On a perusal of the FI statement, it is also revealed that the petitioner and the de facto complainant were known to each other and on one day, at the instance of the petitioner, she accompanied him in his car. After driving towards Changanassery, he stopped the car below a tree and it was at that time, he allegedly sexually abused the de facto complainant.

7. On a perusal of the FI statement itself, it is prima facie revealed that she had not resisted when she was allegedly abused by the petitioner. Therefore, it is prima facie seen that the relationship between them was a consensual one. Moreover, now the entire dispute between the petitioner and the de facto complainant has been settled. Therefore, 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.2528 of 2025 of Thiruvalla Police Station, Pathanamthitta, is quashed under Section 528 of B .N.S.S.

Sd/-