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2026 Supreme(Online)(Ker) 11275

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
DIPAK DUTTA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ASHIK K.MOHAMED ALI, SHRI.MUHAMMED RIFA P.M., SHRI.VISHNU V. NAIR, SMT.NAZRIYA NOUSHAD
For the Respondents: SRI. BREEZ.M.S, SR. PP, SMT.SAJNA T.UMMER

Table of Content
1. details of the case and allegations. (Para 1 , 2)
2. discussion on the settlement and marriage. (Para 3)
3. court's reasoning and conclusions on quashing. (Para 4 , 7 , 9)
4. affidavit from the victim indicating her stance. (Para 5 , 6)

ORDER

Dated this the 17th day of February, 2026 The accused in S.C.No.1051 of 2023 on the file of the Fast Track Special Court, Perumbavoor, arising out of Crime No.239 of 2023 of Kuruppanpady Police Station, filed this Crl.M.C under Section 482 of the Cr.PC, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 3 76 and 376(2)(n) of the Indian Penal Code and Sections 3 (a) r/w 4(l), 4(2), 5(l), 5(j)(ii) r/w 6 of the Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that the accused, with the intention to satisfy his sexual lust, committed rape upon the defacto complainant, aged 15 years, repeatedly during the period from June, 2022 and as a result of which, she became pregnant and gave birth to a child on 19.04.2023, and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned Counsel

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