IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9010 OF 2025
| Table of Content |
|---|
| 1. quashing of proceedings based on amicable settlement. (Para 1 , 2) |
| 2. affidavit indicating resolved disputes. (Para 4) |
| 3. judicial proceedings deemed abusive. (Para 6) |
ORDER
Dated this the 9th day of March, 2026 The sole accused in C.P.No.28/2025 on the file of the Judicial First Class Magistrate Court-I, Kozhikode, now pending as L.P.No.61/2025 arising out of Crime No.9/2025 of Kozhikode Town police station filed this Crl.M.C. under Section 528 B.N.S.S. praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Section 376 (2)(n) of IPC .
2. The prosecution case is that the accused after promising to marry the defacto complainant sexually abused her during the period from June 2023 till March 2024 and thereafter refused to marry her. 3. According to the learned counsel for the petitioner, now the entire dispute between the petitioner and the defacto complainant has been settled and therefore, he prayed for quashing all further proceedings against the petitioner.
4. The defacto complainant also filed an affidavit stating that the matter has been settled between the petitioner and that she does not want to proceed against the petitioner.
5. The petition was opposed by the learned Public Prosecutor.
However, upon instructions he submitted that the defacto complainant had already given signed statement to the SHO in tune with the averments in the affidavit filed by her before this Court.
6. On a perusal of the FI Statement, it can be seen that the petitioner and the defacto complainant became friends and as requested by the petitioner, the defacto complainant accompanied him to various places stayed together and had sexual relationship each other. As per the FI Statement they had lived like husband and wife during the period from 2021 till 2024 at various places. Therefore, it can be seen that the relationship between them was a consensual one. Moreover, now the entire disputes between the parties has been settled and the defacto complainant filed an affidavit to that effect. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner as it will only be an abuse of the process of the court.
In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.P.No.28/2025 on the file of the Judicial First Class Magistrate Court-I, Kozhikode, now pending as L.P.No.61/2025 arising out of Crime No.9/2025 of Kozhikode Town police station, stands quashed under Section 528 B.N.S.S.
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