Legal proceedings can be quashed when the parties have settled the dispute and continuing the case would abuse the court process.

O R D E R Dated this the 20^th day of February, 2026 The accused in crime No.1074/2025 of Valanchery Police Station, which is now pending as C.P.No.118/2025 on the file of the Judicial First Class Magistrate-I, Tirur, filed this petition under Section 528 of BNSS , praying for quashing all further proceedings against him. The offences alleged against he petitioner are under Sections 64 (2)(m), 316(2), 318(4), and 351(2) of BNS.

2. The prosecution case is that the accused, who was a friend of the defacto complainant, received gold ornaments from her and pledged the same for his own needs. Thereafter, on 14.3.2024 and on 21.10.2024 after promising to return the the gold, called the defacto complaint to his residence, committed rape upon her repeatedly 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. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The defacto complainant/2^nd respondent also filed an affidavit stating that the entire dispute between herself and the petitioner has been settled and that she does not want to proceed with this case.

5. The petition was opposed by the learned Public prosecutor. However, he submitted that the defacto complainant had already given signed statement to the SHO, in tune with the averments in the affidavit filed by her before this Court.

6. On a perusal of the FI statement, it can be seen that the defacto complainant who was already married to another person, made friendship with the petitioner and given her gold ornaments to the petitioner for using for his own needs and thereafter as requested by him, she went to his residence and it was at that time, the alleged sexual abuse occurred. It appears that even after the first incident, she went to his residence and again he allegedly committed rape upon her. Therefore, prima facie, it can be seen that the relationship between the petitioner and the defacto complainant was a consensual one. Moreover, the entire dispute between the parties is settled and the defacto complainant filed affidavit stating that she does not want to proceed with this case. In the above circumstances, 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 crime No.1074/2025 of Valanchery Police Station, which is now pending as C.P.No.118/2025 of Judicial First Class Magistrate-I, Tirur, stands quashed.

Sd/-