Where a dispute between parties is amicably settled and the victim does not wish to proceed, the court may quash ongoing criminal proceedings to prevent abuse of process.

ORDER

Dated this the 24^th day of March, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure , by the accused in Crime No. 811 of 2016 of Feroke Police Station, which is pending as L.P. No. 12 of 2024 in C.P. No. 27 of 2022 on the file of Judicial First Class Magistrate Court-V, Kozhikode praying for quashing the proceedings against him. 2. The offences alleged against the petitioner is punishable under Section 376 (2)(n) of the IPC . The prosecution case is that, the accused after promising to marry the defacto complainant, repeatedly committed rape upon her since 03.05.2016 and thereby she became pregnant.

3. According to the learned counsel for the petitioner now the entire dispute between the petitioner and the defacto complainant has been settled. The learned counsel for the petitioner would argue that even if the prosecution case as such is believed, the same will not constitute any offence as the alleged relationship consensual one. Therefore, according to the learned counsel, further proceedings in the case will not yield any fruitful result and it will only be a futile exercise. Further, according to him, the matter has been settled with the defacto complainant. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The Defacto complainant/victim filed an affidavit endorsing the averments in the Criminal MC. According to her, the matter has been amicably settled, that she does not intend to proceed with the case and also that further proceedings in the case can be quashed. She has no further grievance against the petitioner.

5. The petition was opposed by the learned Public Prosecutor. However, after getting instruction from the SHO, he further submitted that, the dispute has been settled between the parties and that the victim is not at all interested in continuing the prosecution against the petitioners.

6. On a perusal of the FI statement, it can be seen that accompanied him to a lodge on different dates and they had sexual relationship with each other. Therefore, the relationship between them prima facie appears to have been a consensual one. Moreover, now the entire dispute between the petitioner and the defacto complainant has been settled and the defacto complainant filed an affidavit to that effect. In the above circumstances, no purpose will be served in continuing the prosecution against the petitioner, as it will only be an abuse of the process of the court. Therefore, this Crl.M.C is liable to be allowed.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in L.P. No. 12 of 2024 in C.P. No. 27 of 2022 on the file of Judicial First Class Magistrate Court-V, Kozhikode arising from Crime No. 811 of 2016 of Feroke Police Station, is quashed.