Kerala High Court
Xxxxxx vs State Of Kerala on 6 February, 2026
Crl.M.C.1978/2023
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2026:KER:10729
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
CRL.MC NO. 1978 OF 2023
CRIME NO.344/2021 OF KAREELAKULANGARA POLICE STATION,
ALAPPUZHA
SC NO.88 OF 2022 OF FAST TRACK SPECIAL COURT, HARIPAD
PETITIONER/ACCUSED:
XXXXXXXXXX
BY ADV SRI.RASHEED C.NOORANAD
RESPONDENT/S:
1 STATE OF KERALA
REP BY. PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KAREELAKULANGARA POLICE STATION,
ALAPPUZHA, PIN - 690559
3 XXXXXXXXXX
BY ADV SMT.BINDU GOPINATH
OTHER PRESENT:
SR.PUBLIC PROSECUTOR SRI. BREEZ.M.S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 6th day of February, 2026
The petitioner is the sole accused in SC.88/2022 on the file of the Fast
Track Special Court, Harippad arising out of Crime No.344/2021 of
Kareelakulangara Police Station, Alappuzha, filed this petition under Section
482 of Cr.P.C. praying for quashing all further proceedings against him. The
offences alleged against the petitioner are under sections 376(2)(n), 376(3),
354A(1)(i), 354-B, 354-D(1)(i), 447 of IPC and Section 11(iv), 12, 91, 10, 7, 8,
51, 5j(ii), 6, 3A, 4(2) of POCSO Act.
2. The prosecution case is that the accused, after promising to marry the
defacto complainant, who was aged below 16 years, trespassed into her
residence on 15.11.2020 at about 12 midnight and committed penetrative sexual
assault upon her and thereafter continued to sexually abuse her till March 2021
and thereby she became pregnant.
3. According to the learned counsel for the petitioner, now, the entire
dispute between the petitioner and the victim has been settled and the petitioner
married the victim and they are living happily along with their child. Therefore,
he prayed for quashing all further proceedings against the petitioner.
4. The learned counsel for the 3rd respondent/defecto complainant also
submitted that the entire dispute between the petitioner and the victim has been
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settled and that they got married and a child is also born in the wedlock. The
victim also filed an affidavit endorsing the above submission.
5. The learned Public Prosecutor opposed the petition. However, he
submitted that the defacto complainant has already given signed statement to the
SHO in tune with the averments in the affidavit, filed before this Court.
6. Since the accused himself married the victim and the entire dispute
between them has been settled and now they are leading a happy marital life
along with their child, I hold that this is a fit case, in which further proceedings
against he petitioner can be quashed by invoking the power of this court under
Section 482 of Cr.P.C.
7. In the result, this Crl.M.C. is allowed. All further proceedings against
the petitioner in SC. No.88/2022 on the file of the Fast Track Special Court,
Haripad, is quashed.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
sou.
Crl.M.C.1978/2023
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APPENDIX OF CRL.MC NO. 1978 OF 2023
PETITIONER ANNEXURES
Annexure5 THE TRUE COPY OF THE ORDER IN CRL MC NO.
422/2020 OF HIGH COURT OF KERALA DATED
24.11.2020