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2026 Supreme(Online)(Ker) 16915
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 456 OF 2026 | CRIME NO.152/2024
For the Appellants/Petitioners: SRI.T.D.SUSMITH KUMAR, SHRI.JAYKAR.K.S., SMT.ANJALI R. MENON, SMT.VANDANA A., SMT.ANJANA ASHOK, SHRI.C.SIVADAS
For the Respondents: SHRI.HALVI K.S.
When the defacto complainant settles the matter and does not wish to proceed, continued prosecution is an abuse of court process.
Headnote:The application under Section 528 of the BNSS is filed by the accused in Crime No.152/2024 seeking to quash proceedings. It was alleged that the accused committed rape on the defacto complainant, a Scheduled Caste member, following a promise of marriage. With the dispute settled and no objection from the defacto complainant, the Court finds further proceedings unnecessary, serving only to abuse the Court process. Consequently, the Crl.M.C. is allowed, quashing all proceedings against the petitioner.
| Table of Content |
|---|
| 1. facts of the alleged crime and context of the case. (Para 1 , 2) |
| 2. resolution of the dispute and the defacto complainant's affidavit. (Para 3 , 4) |
| 3. court's consideration of continuing prosecution. (Para 5 , 6) |
| 4. final ruling to quash proceedings. (Para 7) |
03.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R Dated this the 3rd day of March, 2026 The sole accused in Crime No.152/2024 of Nallalam Police Station filed this Crl.M.C. under Section 528 of the BNSS, praying for quashing all further proceedings against him. The offences alleged against the petitioners are under Section 376 (2)(n) of IPC and Section 3 (1)(w)(i), and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act .
2. The Prosecution case as revealed from the FIR is that the accused, who is not a member of Scheduled Caste or Scheduled Tribe, with the knowledge that the defacto complainant is a member of Scheduled Castes community, after promising to marry her, took her to a lodge and committed rape upon her repeatedly.
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/2nd respondent filed an affidavit stating that the matter has been settled with the petitioner.
5. The petition was opposed by the learned Public Prosecutor. However, upon instructions she submitted that the defaco complainant had already given signed statement to the SHO stating that the matter has been settled and also that she does not want to proceed with this case.
6. On a perusal of the FI statement, it is revealed that the petitioner and the defacto complainant became friends and as invited by him, she accompanied him to a lodge. It was in the said lodge, he allegedly committed rape upon her. It is also revealed that she again accompanied the petitioner to the lodge and on that day also he allegedly abused her. From the above averments in the FI statement, it can be seen that the relationship between them was a consensual one. Moreover, now the entire dispute between the parties has been settled and the defacto complainant 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.
7. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No.152/2024 of Nallalam Police Station, is quashed.
Sd/-
