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2026 Supreme(Online)(Ker) 11271

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
RAJEEVAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6816 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.SARATH BABU KOTTAKKAL, SMT.ARCHANA VIJAYAN, SHRI.SEBASTIN, SRI.JOSEPH FREEMAN
For the Respondents: SMT.KRISHNA SURESH, PP. SMT. ANIMA.M

When a dispute between parties is settled and supported by retraction of allegations, the court may quash ongoing proceedings.

Headnote:In the context of the alleged offences under Sections 376 IPC and Section 66(E) of the Information Technology Act, the petitioner sought to quash proceedings based on a settlement with the defacto complainant. The court noted that the complainant retracted her accusations stating the matter is settled, supported by an affidavit and a police report concluding the allegations were false. The court determined that continuing the proceedings would not serve any purpose.

Result: This Criminal Miscellaneous Case is allowed; all further proceedings against the petitioner stand quashed.

Table of Content
1. accused's alleged crimes and the nature of the complaint. (Para 1 , 2)
2. settlement between parties and subsequent retraction of complaints. (Para 3 , 4 , 5)
3. court's evaluation of evidence and conclusions regarding the allegations. (Para 6 , 7)
4. final determination to quash proceedings. (Para 8)

ORDER

Dated this the 17th day of February, 2026 The accused in Crime No.1146 of 2017 of Town West Police Station, Thrissur, which is now pending as L.P.No.36 of 2022 on the file of the Judicial First Class Magistrate Court-II, Thrissur, filed this Crl.M.C under Section 528 of the BNSS , 2023, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Section 66 (E) of the Information Technology Act , 2000.

2. The prosecution case is that, during the year 2017, the accused after promising to marry the defacto complainant, committed rape upon her, captured her obscene photos and videos and thereafter 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 has been settled and therefore he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor. However, upon instructions she submitted that the defacto complainant had given signed statement to the SHO, stating that the matter has been settled and also that she does not want to proceed against the petitioner.

5. The defacto complainant has also filed an afÏdavit stating that the entire dispute between herself and the petitioner has been settled and that she does not want to proceed against him.

6. Annexure A3 is the refer report filed by the Police after investigating Crime No.1146 of 2017, in which, the investigating ofÏcer concluded that the allegations raised against the petitioner is false. The present case originated based on the protest complaint filed by the defacto complainant against Annexure A3.

7. On a perusal of the complaint given by the defacto complainant also, it is prima facie revealed that the relationship between herself and the petitioner was a consensual one. Annexure A7 Final Report as well as the afÏdavit filed by the defacto complainant stating that the dispute has been settled with the petitioner and she does not want to proceed against the petitioner, also substantiates the above conclusion.

8. 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 Criminal Miscellaneous Case is allowed.

All further proceedings against the petitioner in L.P.No.36 of 2022 on the files of the Judicial First Class Magistrate Court-II, Thrissur, arising out of Crime No.1146 of 2017 of Town West Police Station, Thrissur, stands quashed.

Sd/-

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