Kerala High Court Quashes Rape Case Considering Parties Solemnized Marriage

Taking into account the Marriage Certificate produced and the submissions, Justice Gopinath P observed thus:

“I am of the view that the petitioner is entitled to succeed. The offences alleged against the petitioner cannot sustain in the light of the fact that the petitioner has now married to the de facto complainant/victim.”

The case against the petitioner was registered under Sections 376(2)(n) (punishment for rape) and 506 (punishment for criminal intimidation) of IPC and Section 119(b) (punishment for atrocities against woman) of the Kerala Police Act. The allegation was that on false pretext of marriage, he had compelled the de facto complainant, aged 23 years, to a hotel and raped her.

The petitioner's counsel submitted that relationship between the parties was consensual and the case was filed on a misunderstanding of the complainant that the petitioner would not marry her. It was informed that the parties had since solemnized their marriage under the Special Marriage Act.

As the respondents confirmed the fact that marriage had been solemnized between the parties, the court allowed the petition and quashed the criminal proceedings against the petitioner.

Counsel for petitioner: Advocate S Nikhil Sankar

Counsels for respondents: Senior Public Prosecutor Noushad KA and Advocate Mansoor BH

Citation: 2023 LiveLaw (Ker) 715

Case Title: Adarsh Thinkal T.S v. State of Kerala and Anr.

Case number: CRL.MC NO. 1969/2022

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