IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
BIJO BENJAMIN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 7644 OF 2023 | SC NO.441 OF 2023
| Table of Content |
|---|
| 1. accused seeks to quash proceedings. (Para 1 , 2) |
| 2. dispute settled, affidavit filed. (Para 3 , 4) |
| 3. court agrees with settlement, no purpose in prosecution. (Para 5 , 6) |
| 4. proceedings quashed. (Para 7) |
O R D E R Dated this the 20th day of February, 2026 The petitioner, who is the accused in SC.441/2023 on the file of the Additional Sessions Court (for trial of cases relating to atrocities and sexual violence against women and children), Ernakulam, arising out of Crime No.578/2022 of Aluva West Police Station, filed this petition under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 376 (2)(n) of the IPC .
2. The prosecution case is that the accused, after promising to marry the defacto complainant, subjected her to sexual assault during the period from May 2022 onwards repeatedly and thereby he is alleged to have committed the aforesaid offence.
3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the defacto complainant has been settled. Therefore, she prayed for quashing all further proceedings against the petitioner.
4. The learned counsel for the 3rd respondent/defacto complainant also submitted that the dispute between the petitioner and the defacto complainant has been settled and that she does not want to proceed with this case. The defacto complainant also filed an affidavit to that effect.
5. The petition was opposed by the learned Public prosecutor. However, upon instructions, 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 complaint given by the defacto complainant to the SHO, Kottappuram, it is revealed that when she had relationship with the petitioner, she was married to another person. On a perusal of the FI Statement, it can also be seen that the relationship between the petitioner and the defacto complainant was a consensual one. Moreover, now the dispute between the parties is settled and the defacto complainant has filed an affidavit expressing her desire, not to proceed with this case. In the above circumstance, no useful purpose will be served in continuing the proceedings against the petitioner as the same will only be an abuse of the process of the court.
7. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioner in SC.441/2023 on the file of the Additional Sessions Court (for trial of cases relating to atrocities and sexual violence against women and children), Ernakulam, arising out of Crime No.578/2022 of Aluva West Police Station, is quashed.
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