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2026 Supreme(Online)(Ker) 13042

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


Advocates:
For the Appellants/Petitioners: SHRI.NIDHIN RAJ VETTIKKADAN, SMT.ANJALA NAZRIN SUBAIR, SHRI.ANJO FRANCIS, SMT.MEERA NAIR.I.P
For the Respondents: SHRI.MUHAMMED NAVAS A., SMT.RENEETA VINU PP., SMT. ANIMA.M

O R D E R

(Dated this the 20th day of February, 2026)

The accused in SC No. 407 of 2025 on the file of the Special Court (offences under SC/ST (POA) Act, 1989, Ernakulam arising out of Crime No. 723 of 2024 of Ernakulam North Police Station filed this petition under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 (2)(k) IPC and 3(2)(v) of SC/ST (POA) Act, 1989 .

2. The prosecution case is that the accused who is not a member of SC or ST community with the intention to satisfy his sexual lust, after promising to marry the defacto complainant who is a member of SC community, committed rape upon her 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 learned Counsel for the 2nd respondent/

defacto complainant also submitted that the entire dispute between the petitioner and the defacto complainant has been set

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