ORDER

Dated : 6^th February, 2026 The petitioner is the sole accused in S.C.1075/2024 on the file of the Additional Sessions Court (Violence Against Women & Children), Ernakulam, arising out of crime No.2262/2023 of Fort Kochi police station filed this petition under S.528 BNSS praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 376 (2)

(n) IPC .

2. The prosecution case is that the accused with the intention to satisfy his sexual lust, after promising to marry the de facto complainant committed rape upon her repeatedly and thereafter refused to marry her. 3. According to the learned counsel for the petitioner, even if the entire allegations levelled against the petitioner are believed as such, the same will not constitute the offence punishable under Section 376 IPC . Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned counsel for the de facto complainant/2^nd respondent as well as by the learned Public Prosecutor.

5. Admittedly, the petitioner is a Priest. From the FI statement it is revealed that at the time of the alleged incident, the