Court quashes proceedings when disputes are settled and continuing would abuse the legal process.

O R D E R Dated this the 26^th day of February, 2026 The accused in SC.No.1133/2025 of Additional Sessions Court (Cases against Atrocities and Sexual Violence Against Women and Children), Ernakulam, arising out of Crime No.490/2024 of Njarakkal Police Station filed this petition under Section 528 of BNSS , praying for quashing all further proceedings against him. The offences alleged against the petitioners are under Section 376 , 3762(n) and 506(i) of the IPC .

2. The prosecution case is that the accused, with the intention to satisfy his sexual lust, on 12.6.2022 at about 4 p.m., committed rape upon her after promising to marry her. It is also alleged that thereafter on several days he committed rape upon her after promising to marry her and thereafter intimidated to do away with her.

3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the defato complainant has been settled.

Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 3^rd respondent/defacto complainant also submitted that the entire dispute between the parties were settled. The defacto complainant also filed an affidavit to that effect.

5. The petition was opposed by the learned Public prosecutor. However, upon instructions 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 relationship between the petitioner and the defacto complainant commenced when the defacto complainant was already married to another person. Therefore, prima facie it can be seen 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.

7. Therefore, this Crl.M.C. is allowed. All further proceedings against the petitioners in SC.No.1133/2025 of Additional Sessions Court (Cases against Atrocities and Sexual Violence Against Women and Children), Ernakulam, arising out of crime No.490/2024 of Njarakkal Police Station, arising out of Crime No.598/2022 of Adoor Police Station, is quashed.

Sd/-