Kerala High Court Quashes Criminal Proceedings in Consensual Relationship Case

Court Exercises Discretion Under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, After Parties Reach Amicable Settlement

In a significant ruling, the Kerala High Court, presided over by Justice C. Pratheep Kumar, has quashed criminal proceedings against AL Anwarsha and others, accused in multiple cases of rape and voluntary causing hurt, stemming from a consensual relationship that later soured due to personal differences.

The proceedings were related to Crime Nos. 1214/2024 of Harippad Police Station, 971/2024 of Ernakulam North Police Station, and 1880/2025 of Thodupuzha Police Station, which were registered based on the same First Information Statement (FIS). The allegations included rape and voluntary causing hurt following promises of marriage.

According to the prosecution, the accused had allegedly committed the acts at various locations after promising marriage to the complainant. However, the petitioner contended that the relationship was consensual from the outset, as the complainant willingly stayed at his residence for several days.

The petitioner argued for quashing the proceedings, citing an amicable settlement reached with the complainant. Despite opposition from the public prosecutor, the court, upon reviewing the evidence and circumstances, determined that the relationship was indeed consensual.

The court emphasized that the complainant and petitioner had been in a mutual romantic relationship, with the complainant even visiting and staying at the accused's residence. Their relationship was known to the complainant's family, indicating consent in the interactions between the parties.

Justice Kumar acknowledged the strained relationship due to personal issues, including social media interactions with other women and financial transactions. Nonetheless, he concluded that further legal proceedings would serve no useful purpose given the amicable resolution between the parties.

The judgment invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allows the court to quash proceedings when matters are amicably settled, and continuing litigation would be futile.

This ruling underscores the court's discretion in handling cases where mutual consent is evident, and parties have resolved their issues outside the judicial process. It highlights the importance of judicial intervention in preventing unnecessary continuation of criminal proceedings when the core dispute is settled.

Bottom Line:

Allegations of rape and voluntary causing hurt - Relationship between the accused and the complainant was consensual - Matter settled amicably between parties - Proceedings quashed.

Statutory provision(s): Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023

AL Anwarsha v. State of Kerala, (Kerala) : Law Finder Doc Id # 2811744