IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SABARINATH – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 4249 OF 2024
| Table of Content |
|---|
| 1. details on the nature of the case and allegations. (Para 1 , 2) |
| 2. petitioner and complainant had settled the dispute. (Para 3 , 4) |
| 3. key details regarding statements and evidence. (Para 5 , 6 , 7) |
| 4. final ruling based on consensuality and settlement. (Para 8) |
O R D E R
(Dated this the 24th day of February, 2026)
The petitioner is the sole accused in Crime No.24 of 2024 of Pudur Police Station, Palakkad. He filed this Crl.M.C under Section 482 Cr.PC praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 376 (1) and 506(1) of IPC .
2. The prosecution case is that the accused, with an intention to satisfy his sexual lust, made friendship with the de facto complainant through the site of Kerala Matrimony, promised to marry her, took her to an estate at Attapadi on 03.08.2023 and committed rape upon her. It is also alleged that, after two days, the petitioner sexually abused her inside his car and also that he had recorded her nude videos and intimidated her to upload the same in social media 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 de facto complainant has been settled. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. The learned counsel for the 2nd respondent/de facto complainant also submitted that the entire dispute between the petitioner and the de facto complainant has been settled. Therefore, she also prayed for quashing all further proceedings against the petitioner.
5. The de facto complainant filed an affidavit, endorsing the factum of settlement.
6. The petition was opposed by the learned Public Prosecutor. However, upon instructions, he submitted that the de facto complainant had already given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.
7. Though in the FI statement, the de facto complainant alleges that, at first, she was subjected to sexual abuse after giving some juice containing some intoxicating drug, in the subsequent statement given by her, she retracted from the earlier statement and made clear that it was only her suspicion and also that she fell asleep as she was very much tired. It appears that, two days thereafter, while she was accompanying the petitioner in his car, they had oral sex inside the car.
8. In the final report, the prosecution also has no case that the petitioner has administered any intoxicating drug to the de facto complainant. Therefore, from the entire material available in this case, it can be seen that the relationship between the petitioner and the de facto complainant was a consensual one. Moreover, now the entire dispute between the petitioner and the de facto complainant has been settled and the de facto complainant has filed an affidavit stating that she does not want to proceed with this case. 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 Crime No.24 of 2024 of Pudur Police Station, Palakkad, is quashed under Section 482 of Code of Criminal Procedure .
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.