Consent and settlement can lead to quashing of charges under certain circumstances.

O R D E R

(Dated this the 26th day of February, 2026)

The petitioner is the accused in S.C No.651 of 2021 of Fast Track Special Court, Koyilandy, arising out of Crime No.518 of 2020 of Kuttiady Police Station. He filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 376 (2)(n) of IPC .

2. The prosecution case is that the accused, after making friendship with the de facto complainant through Facebook on 06.06.2017 at 12.00 in the night, after promising to marry the de facto complainant, committed rape upon her and thereafter refused to marry the de facto complainant. It is alleged that, thereafter, the petitioner married another lady in February 2019. The de facto complainant also married another person. Subsequently, the petitioner again contacted the de facto complainant with the intention of resuming his relationship with her. When her husband came to know about the same, he divorce her.

3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the de facto complainant has been settled. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 2^nd respondent/de facto complainant also submitted that now the entire dispute between the parties has been settled and the de facto complainant has no objection in quashing the proceedings against the petitioner. The de facto complainant has also filed an affidavit to that effect.

5. The petition was opposed by the learned Public Prosecutor. However, upon instructions, she submitted that the de facto complainant had given a 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, as requested by the petitioner, the de facto complainant accompanied him during 12.00 in the night to a place near her residence. It was at that time the alleged incident was occurred.

7. It appears that, even after the marriage of petitioner and the de facto complainant, they continued their relationship. Therefore, prima facie, it is revealed that the relationship between them was a consensual one. Moreover, now the entire dispute between the parties has been settled. Therefore, 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.

Therefore, this Crl.M.C is allowed. All further proceedings against the petitioner in S.C No.651 of 2021 of Fast Track Special Court, Koyilandy, arising out of Crime No.518 of 2020 of Kuttiady Police Station is quashed under Section 482 Cr.PC.

Sd/-