IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
VISHNU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1932 OF 2023 | S.C.NO.972 OF 2020
| Table of Content |
|---|
| 1. the dispute between the petitioner and de facto complainant has been settled. (Para 1 , 2 , 3 , 4) |
| 2. continuing proceedings would constitute an abuse of the court's process. (Para 5) |
| 3. the court quashed the proceedings based on the settled status of the dispute. (Para 6) |
O R D E R
(Dated this the 25th day of March, 2026)
The petitioner is the sole accused in S.C.No.972 of 2020 of Additional District and Sessions Court (PoCSO), Thiruvananthapuram, arising out of Crime No.184 of 2019 of Valiyamala Police Station. 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 are under Sections
294(b), 506(i), 323, 420, 450 and 376 of IPC .
2. The prosecution case is that the accused, after promising to marry the de facto complainant, committed rape upon her, received a sum of Rs.2 lakhs from her, abused her using filthy words, voluntarily caused hurt to her and intimidated her.
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 petition was strongly opposed by the learned Public Prosecutor. However, the learned Public Prosecutor submitted that the de facto complainant had given a signed statement to the SHO to the effect that the matter has been settled between the parties.
She has also filed an affidavit to that effect before this Court.
5. On a perusal of the FI statement, it can be seen that, when the marriage of the de facto complainant with another person was subsisting, there arose an intimate relationship between herself and the petitioner. Thereafter, they had physical relationship with each other on several days. Therefore, prima facie it is revealed that the relationship between the petitioner and the de facto complainant was a consensual one. Further, now the entire dispute between the petitioner and the de facto complainant has been settled and she has filed an affidavit to that effect.
6. Therefore, there is no meaning 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 S.C.No.972 of 2020 of Additional District and Sessions Court (PoCSO), Thiruvananthapuram, arising out of Crime No.184 of 2019 of Valiyamala Police Station, is quashed under Section 482 Cr.PC.
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