Legal proceedings are quashed when disputes between parties are settled, preventing abuse of legal process.

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 2^nd respondent/

defacto complainant also submitted that the entire dispute between the petitioner and the defacto complainant has been settled and also that she does not want to proceed with this case. She also filed an affidavit stating that the matter has been settled.

5. The learned Public Prosecutor opposed the petitioner. However, upon instruction she submitted that the defacto complainant had already given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.

6. On a perusal of the FI Statement it can be seen that the defacto complainant was working along with the petitioner in the same office. While so, they became friends. It appears that at the instance of the petitioner he had taken a room in a hotel. The defacto complainant accompanied him to the said hotel and the alleged incident occurred in the room in the said hotel. Therefore, prima facie, it is revealed that the relationship between the petitioner and the defacto complainant was a consentual one. Moreover, now the entire dispute between the parties had been settled and the defacto complainant filed an affidavit stating that she does not want to proceed with this case. Therefore, no useful purpose will be served in continuing the proceedings against the petitioner and the same will only be an abuse of the process of law.

Therefore, this Crl.MC is allowed. All further proceedings against the petitioner in SC No. 407 of 2025 on the file of the Special Court (offences under SC/ST (POA) Act, 1989, Ernakulam is quashed.

Sd/-