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2026 Supreme(Online)(Ker) 13590

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
...... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 419 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.A.ARUNKUMAR, SRI.S.SHYAM KUMAR, SHRI.SACHIN GEORGE ARAMBAN, SMT.SHYAMILI S.L.
For the Respondents: ADV SHRI.VIPIN T JOSE

A marriage settlement between parties can lead to quashing of charges related to consensual misconduct.

Headnote:The petitioner, accused under Sections 376(2)(n) of IPC and Sections 69, 144(2) of B.N.S.S., sought to quash proceedings citing settlement with the defacto complainant post-marriage. The Court found the marriage valid and consistent with the petitioner's claims. Issues considered included the terms of the complaint and status post-marriage. The Court exercised powers under Section 528 of B.N.S.S., concluding to quash all proceedings against the petitioner.

Table of Content
1. petitioner seeks to quash charges based on alleged abuse. (Para 1 , 2)
2. settlement through marriage invalidates the abuse claims. (Para 3 , 4)
3. court finds merit in quashing proceedings based on current marital status. (Para 5)

ORDER

Dated this the 23rd day of February, 2026 The petitioner who is the accused in Crime No. 1046 of 2025 of Bekal police station filed this petition under Section 482 of the Cr.P.C. praying for quashing all further proceedings against him. The offences alleged against him are under Sections 376 (2)(n) of the IPC and Sections 69 , 144(2) of the B.N.S.S.

2. The prosecution case is that the accused, after promising to marry the defacto complainant, took her to various places and sexually abused her.

3. According to the learned counsel for the petitioner, the entire dispute between the petitioner and the defacto complainant has been settled, they married each other and now they are living happily. The learned counsel for the defacto complainant/2nd respondent also submitted that the petitioner married the defacto complainant and that they are now living happily.

4. The petitioner has also produced a copy of the marriage certificate as Annexure A3, issued by the Local Registrar of Marriages, Udma Grama Panchayat, stating that the petitioner married the defacto complainant on 29.09.2025.

5. Therefore, it can be seen that the accused himself has married the defacto complainant and they are now leaving happily together as husband and wife. Hence, this is a fit case in which the proceedings against the petitioner can be quashed by invoking the power of this Court under Section 528 of the B.N.S.S.

In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No. 1046 of 2025 of Bekal police station, is quashed.

Sd/-

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