The Kerala High Court has quashed three separate FIRs lodged against a young man by the same woman across three different districts, holding that the allegations amounted to abuse of the legal process. Justice C. Pratheep Kumar, after examining the facts, recorded that the complainant had visited the petitioner’s home voluntarily and that they had a consensual sexual relationship. The Court noted that the parties had since resolved their disputes through a settlement and that no useful purpose would be served by continuing with criminal proceedings.
The three FIRs in question were registered at police stations in Alappuzha (Harippad), Ernakulam North, and Idukki (Thodupuzha), and named the accused under various serious offences. These included charges under the Indian Penal Code for kidnapping, abduction, sexual harassment, rape, and causing voluntary hurt, as well as corresponding provisions under the Bharatiya Nyaya Sanhita. The prosecutrix had alleged that the accused promised to marry her, took her to his residence, abused her, and later reneged on his promise to wed her.
In his petition seeking quashing under Section 482 of the Code of Criminal Procedure, the accused contended that their relationship was born out of friendship but had evolved into a romantic relationship over time. He stated that due to financial difficulties, the complainant’s family had lent him money, but their relationship deteriorated when the financial stress intensified. According to him, the FIRs were motivated by that financial strain rather than any genuine complaint of wrongdoing.
The Court considered the entirety of the evidence and found it likely that the parties had engaged in consensual sex. It also attached significant weight to the fact that they had mutually agreed to settle their differences outside court, and that the complainant no longer wished to pursue the allegations. On that basis, the Court held that continuing prosecution would not be in the interest of justice. It allowed the quashing petition, thereby terminating all further proceedings in respect of the three FIRs.
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