IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
X – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 5221 OF 2022 | CRIME NO.1669/2019 | SC NO.876 OF 2021
| Table of Content |
|---|
| 1. petitioner filed for quashing under section 482 cr.p.c. (Para 1 , 2) |
| 2. dispute settled amicably; parties married others. (Para 3 , 4) |
| 3. proceeding continuation deemed an abuse of process. (Para 5) |
30.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R Dated this the 30th day of January, 2026 The defacto complainant in crime No.1669/2019 of Ernakulam Central Police Station, filed this criminal M.C. under Section 482 of Cr.P.C. praying for quashing the proceedings against the 2nd respondent, who is the accused in the above crime. The offences alleged against the 2nd respondent are under Section
376 IPC and Section 3 (2)(v) of SC/ST (PoA) Act.
2. The prosecution case is that the accused, after promising to marry the defacto complainant committed rape upon her repeatedly and thereafter he failed to marry her. It is also alleged that the petitioner is a member of scheduled caste community while the accused is not a member of scheduled caste community.
3. According to the learned counsel for the petitioner, now, the entire dispute between the petitioner and the 2nd respondent are settled amicably and that thereafter they have married other persons and living happily. Therefore, he prayed for quashing the proceedings against the 2nd respondent.
4. The learned counsel for the 2nd respondent/accused also submitted that the dispute between them was settled and he also prayed for quashing all further proceedings against the 2nd respondent. The petitioner also filed an affidavit in tune with the averments in the Crl.M.C.
5. On a perusal of the FI statement itself, it can be seen that the petitioner and the 2nd respondent were classmates. They developed intimate relationship and they had sexual relationship with each other at different places on various dates. Therefore, it can be seen that the relationship between the petitioner and the 2nd respondent was a consensual one. It is true that in the FI statement, she claims that she had given consent to the 2nd respondent because of the promise of marriage. Now, the learned counsel for the petitioner has produced the marriage certificates of the petitioner as well as the 2nd respondent, which shows that in the year 2020 both of them married other persons and it is also submitted that they are living happily. In this case, there is no reliable evidence to show that the 2nd respondent had no intention to marry the petitioner when the relationship between them commenced in August 2015. Therefore, no useful purpose will be served in continuing the proceedings against the 2nd respondent further, as it will only be an abuse of the process of the court. Moreover, now the entire dispute between the parties were settled amicably. Therefore, I hold that this is a fit case in which proceedings against the 2nd respondent can be quashed by invoking the power of this Court under Section 482 of Cr.P.C.
In the result, this Crl.M.C. is allowed. All further proceedings against the
2nd respondent in crime No.1669/2019 of Ernakulam Central Police Station, which is now pending as SC. No.876/2021 before the Special Court (SC/ST(PoA) Act, Ernakulam, is quashed.
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