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2026 Supreme(Online)(Ker) 21762

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


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SMT.S.SUJINI, SMT.POOJA VENKAT

Table of Content
1. prosecution alleges rape and cheating. (Para 1 , 2 , 3)
2. opposition to quashing. (Para 4)
3. details of relationship and funds involved. (Para 5 , 6)
4. court finds consensual nature of relationship. (Para 7)

ORDER

Dated this the 25th day of March, 2026 The sole accused in Crime No.9930/2025 of Perinthalmanna police station, now pending as C.P.No.44/2025 on the file of the Judicial First Class Magistrate Court-I, Perinthalmanna filed this Crl.M.C. under Section 528 of BNSS, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 (2)(n) & 406 of IPC .

2. The prosecution case is that the accused after making friendship with the defacto complainant and after promising to marry her repeatedly committed rape upon her during the period from 2013 till March 2018 and in the meantime received a sum of Rs.10,00,000/- for going to Germany and thereafter refused to marry her and also failed to repay the amount to her and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, even if the entire allegations leveled against the petitioner are believ

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