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2026 Supreme(Online)(Ker) 14534

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
MOIDEENKUTTY.C.H – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.M.A.AHAMMAD SAHEER, SHRI.RITHIK S.ANAND, SMT.ANU PAUL, SMT.SREELAKSHMI MENON
For the Respondents: SHRI.P.B.MUHAMMED AJEESH

ORDER

Dated this the 23rd day of February, 2026 The sole accused in L.P.C.No.81/2014 on the file of the Judicial First Class Magistrate Court, Payyannur, arising out of Crime No.443/2011 of Pazhangadi police station, filed this Crl.M.C. under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 366 and 376(ii) of IPC .

2. The prosecution case is that the accused after promising to marry the defacto complainant took her in an autorickshaw to Mangalapuram on 05.09.2011 and at about 09.00 a.m. committed rape upon her 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 was settled and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor. Though notice was served on the defacto complainant/2nd respondent, she did not turn up. However, she filed an affidavit stating that now the matter has been settled with herself and the petitioner. 5. The learned Public P

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