Kerala High Court Quashes Three Rape FIRs Lodged Against Youth Citing Consensual Relations, Settlement Between Parties

The Kerala High Court recently quashed the criminal proceedings against a young man that was based on three rape FIRs filed by the same prosecutrix in three different districts.The Court recorded the settlement entered into between the parties and quashed all further proceedings in the crimes before the Harippad Police Station (Alappuzha), Ernakulam North Police Station and Thodupuzha Police Station (Idukki).Examining the facts and the records available, Justice C. Pratheep Kumar observed that the complainant went to the house of the petitioner on her own volition and that they entered into sexual relationship with consent.The prosecution allegation was that the petitioner, after promising to marry the complainant, took her to his residence, committed rape on her and thereafter, refused to marry her. In the three FIRs, he was accused of the offences under Sections 366 [], 354-A(2) [], 376(2)(n) [], 323 [] of Indian Penal Code and Sections 87 [Kidnapping, abducting or inducing woman to compel her marriage, etc.], 75(2) [Sexual harassment], 64(2)(m) [Punishment for rape], 115(2) [Voluntarily causing hurt] of Bhartiya Nyaya Sanhita, 2023.According to the petitioner, he and the de facto complainant were friends, who turned into a romantic couple. Later, as petitioner had some financial troubles, the de facto complainant's family lent him some money but their relationship had strained. This led the de facto complainant to be pressured into preferring the complaints against the petitioner, states the plea.Later, all issues including the financial one, between the parties and they decided to settle the matter by coming before the High Court.Considering the same, the Court observed:“In the said circumstances, considering the entire facts, there is every reason to believe that the petitioner and the defacto complainant had sexual relationship with each other with the consent of each other. Moreover, now the matter has been settled amicably between the petitioner and the defacto complainant. In the above circumstances, no useful purpose will be served in proceeding further against the petitioner and as such this Criminal MC is liable to to allowed.”Thus, the Court allowed the plea and quashed further proceedings in all the three FIRs.Case No: Crl.M.C. No. 10001/2024 and connected casesCase Title: Al. Anwarsha v. State of Kerala and Anr.Citation: 2025 LiveLaw (Ker) 762Counsel for the petitioner: Binu Babukuttan, Vidhu M. Unnithan, Aromalunni M.S., Ratheesh C., Hari Sankar V.Counsel for the respondents: Surabhi S., Ajai John, A. Vipin Narayan – Sr. Public Prosecutor, Bindu O.V. – Public Prosecutor, U. Jayakrishnan – Public ProsecutorClick to Read/Download Judgment

Kerala High Court Quashes Three Rape FIRs Lodged Against Youth Citing Consensual Relations, Settlement Between Parties

K. Salma Jennath

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