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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
VIVEK – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of petition and allegations (Para 1 , 2) |
| 2. arguments presented by both parties (Para 3 , 4 , 5) |
| 3. examination of consent and promise (Para 6 , 7 , 8 , 9) |
| 4. court's decision to quash proceedings (Para 10) |
ORDER
Dated : 11th February, 2026 The accused in C.P.84/2023 on the file of Judicial Magistrate of First Class-III, Thrissur, arising out of crime No.865/2023 of Mannuthy police station, Thrissur, filed this petition under Section 482 Cr.P.C, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 (2)(n) and 354 IPC .
2. The prosecution case is that the accused after promising to marry the de facto complainant, subjected her to sexual abuse repeatedly during the period from June 2022 till July 2023 and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, even if the entire allegations levelled against the petitioner are believed as such, the same does not constitute the offence of rape. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. The petition was strongly opposed by the learned Publ
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