Quashing of proceedings permissible when parties settle and complainant does not wish to proceed, despite serious allegations.

ORDER

Dated this the 19^th day of February, 2026 The accused in C.P.No.6 of 2017 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising out of Crime No.1388 of 2013 of Museum Police Station, filed this Crl.M.C under Section 482 Cr.PC, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 , 420, 498A and 494 of the Indian Penal Code .

2. The prosecution case is that the accused, with the intention to cheat the defacto complainant, misrepresented that he is a Hindu and a divorcee, on 26.08.2010 married the defacto complainant at Guruvayoor Temple and knowing that he is not the lawful husband of the defacto complainant, subjected her to sexual abuse and appropriated her gold ornaments, and thereby cheated the defacto complainant.

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

5. The petition was opposed by the learned Public Prosecutor. However, upon instructions she submitted that the defacto complainant/3^rd respondent had given signed statement to the SHO, stating that the matter has been settled.

6. From the averments in the FI statement itself, it can be seen that the relationship between the petitioner and the defacto complainant was a consensual one. The allegation is that the marriage solemnzied between them was not a valid one, as the earlier marriage of the accused was not dissolved. Since, now the entire dispute between the parties were settled and it is only a matrimonial dispute, I am inclined to allow this Crl.M.C.

In the result, this Criminal Miscellaneous Case is allowed. All further proceedings against the petitioner in C.P.No.6 of 2017 on the file of the Judicial First Class Magistrate Court-III, Thiruvananthapuram, arising out of Crime No.1388 of 2013 of Museum Police Station is quashed.

Sd/-