IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
...... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8477 OF 2022 | S.C.NO.165 OF 2019
| Table of Content |
|---|
| 1. nature of the allegations and settlement. (Para 1 , 2 , 3) |
| 2. counsel's arguments regarding the settlement. (Para 4) |
ORDER
Dated this the 20th day of February, 2026 The sole accused in S.C.No.165 of 2019 on the file of the Sessions Court, Thiruvananthapuram, arising out of Crime No.777 of 2016 of Ayiroor Police Station, now pending before the Special Court for SC/ST(PoA), Nedumangad, 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 323 , 450 and 376 of the IPC and Sections 3 (2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989.
2. The prosecution case is that, the accused who is not a member of the Scheduled Caste or Scheduled Tribe, after promising to marry the defacto complainant, who is a member of the Scheduled Caste community, took her to various places and committed rape upon 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 2nd respondent/defacto complainant also affidavit stating that the dispute between the petitioner and herself is settled and also that she does not want to proceed with this case, 6. Though the petition was opposed by the learned Public Prosecutor, he submitted that the defacto complainant had given signed statement to the SHO, in tune with the avermenets in the affidavit filed before this Court.
7. On a perusal of the prosecution records, including the FI statement, it is revealed that at the time of the alleged incident, the defacto complainant was already married to another person. Further, it can be seen that, as invited by the petitioner, the defacto complainant accompanied him and it was at that time, the alleged incident occurred. Even thereafter, the relationship between them continued and as such, prima facie it is revealed that the relationship between the petitioner and the defacto complainant was a consensual one. Moreover, now the entire dispute between the petitioner and the defacto complainant has been settled and she has filed an affidavit stating that she does not want to proceed against the petitioner.
8. Therefore, no useful purpose will be served by continuing the proceedings against the petitioner and it will only be an abuse of the process of Court.
In the result, this Criminal Miscellaneous Case is allowed.
All further proceedings against the petitioner in S.C.No.165 of 2019 on the file of the Special Court for SC/ST(PoA), Nedumangad, arising out of Crime No.777 of 2016 of Ayiroor Police Station, is quashed.
Sd/-
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