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2026 Supreme(Online)(Ker) 9762

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
MUHAMMED RAFI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10202 OF 2024 | CRIME NO.671/2024



Advocates:
For the Appellants/Petitioners: SRI.K.G.GOPAKUMAR, SRI.P.T.JOSE
For the Respondents: SRI.JOSEPH RONY JOSE, SMT.JYOTHI ABRAHAM

Consensual relationships can lead to quashing of serious criminal charges when disputes are settled.

Headnote:The court considered the application for quashing proceedings under Section 528 of BNSS regarding allegations under Sections 376 & 506 of IPC. The petitioner's relationship with the defacto complainant was deemed consensual, supported by her affidavit stating the dispute was settled. The court determined that continuing proceedings serves no useful purpose. The petition is allowed and all proceedings against the petitioner are quashed.

Table of Content
1. arguments supporting quashing based on settlement. (Para 4)
2. court's observation on consensual nature and implications of affidavit. (Para 5)
3. conclusion quashing the proceedings based on settled dispute. (Para 7)

ORDER

Dated this the 10th day of February, 2026 The accused in Crime No.671/2024 of Palarivattom police station, filed this Crl.M.C. under Section 528 of BNSS , praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 376 & 506 of IPC .

2. The prosecution case as revealed from the FIR is that on 22.08.2023 the petitioner made friendship with the defacto complainant and promised to marry her and thereafter took her to ‘holiday inn’ at palarivattom and on 18.11.2023 subjected her to sexual abuse. Thereafter, during the period from 16.12.2023 to 19.12.2023 she was sexually abused in another hotel and thereafter he refused to marry 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 defacto complainant were settled and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 2nd respondent/defacto complainant also submitted that the dispute between the petitioner and the defacto complainant was settled and therefore, he also prayed for quashing all further proceedings against the petitioner.

5. The 2nd respondent/defacto complainant also filed an affidavit stating that the dispute between herself and the petitioner is settled.

6. The learned Public Prosecutor opposed the petition.

However, upon instructions he submitted that the defacto complainant had given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.

7. From the FI Statement it is revealed that, the petitioner and the defacto complainant became friends and they had sexual relationship with each other at different hotels on different dates. In the above circumstances, primafacie it can be seen that, the relationship between them was a consensual one. The above conclusion is fortified by the fact that now the defacto complainant filed an affidavit stating that the dispute between herself and the petitioner is settled and she does not want to proceed with the case. In the above circumstances, 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.671/2024 of Palarivattom police station, stands quashed under Section 528 of BNSS .

Sd/-

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