Kerala High Court
Riju @ Rejith vs State Of Kerala on 11 August, 2025
2025:KER:60252
Crl.M.C No.6104 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
CRL.MC NO. 6104 OF 2025
CRIME NO.81/2023 OF MANNANTHALA POLICE STATION,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.2143 OF
2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V,
THIRUVANANTHAPURAM / II ADDITIONAL MACT
PETITIONER/ACCUSED:
RIJU @ REJITH
AGED 39 YEARS
S/O RAVEENDRAN, KATTAMPATTUMELE ROADARIKATHU
VEEDU, PERUMPAZHUTHOOR WARD, PERUMPAZHUTHOOR
VILLAGE, PERUMPAZHUTHOOR P O, NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM DISTRICT, PIN 695126,
NOW RESIDING AT PANDIT COLONY, PRA D, HOUSE NO.6,
KURAVANKONAM WARD, KOWDIAR VILLAGE, KURAVANKONAM
P O, THIRUVANANTHAPURAM DISTRICT, PIN - 695003.
BY ADVS.
SRI.R.T.PRADEEP
SMT.M.BINDUDAS
SHRI.NIRANJAN T. PRADEEP
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SMT.SINDHU SANTHALINGAM
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Crl.M.C No.6104 of 2025
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OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 11.08.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.6104 of 2025
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ORDER
The petitioner is the accused in S.C No.2143/2023 on
the files of the Additional District and Sessions Court-V,
Thiruvananthapuram. The offences alleged against him are
under Sections 376(2)(l) and 376(2)(n) of the Indian Penal
Code, 1860.
2. The prosecution case is that, the petitioner
committed rape upon the defacto complainant on 27.12.2022
and on 23.01.2023 in the rented apartment,where she had
been residing with her family.
3. The case has been registered by the
Mannanthala Police, on the basis of the First Information
Statement given by the defacto complainant on 02.02.2023.
After the completion of the investigation, the Sub Inspector of
Police, Mannanthala, laid the final report alleging the aforesaid
offences against the petitioner.
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4. In the present petition, the petitioner would
contend that he is totally innocent, and that he has been falsely
implicated in the case. It is further stated that the petitioner
and the defacto complainant were maintaining intimate
relationship, and that the sexual relationship between them was
the outcome of the above intimacy between them. It is further
stated that the matter has been amicably settled with the
defacto complainant, who has filed an affidavit praying for
quashing the proceedings against the petitioner.
5. Heard the learned counsel for the petitioner,
the learned counsel for the defacto complainant and the learned
Public Prosecutor representing the State of Kerala.
6. The defacto complainant/2nd respondent has
filed an affidavit before this Court stating that she had
consensual sexual relationship with the petitioner, and that she
happened to prefer a complaint against him due a
misunderstanding. It is stated in the aforesaid affidavit that she
got acquainted with the petitioner during their residence in an
apartment complex, and that the above acquaintance developed
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into strong physical and emotional relationship leading to
sexual intercourse. The 2nd respondent has further requested to
quash the proceedings against the petitioner taking note of the
above aspect.
7. The learned counsel for the 2nd respondent
submitted that the continuation of the prosecution proceedings
against the petitioner is totally unnecessary, since the offence of
rape is not attracted in the facts and circumstances of the case.
8. The learned Public Prosecutor, upon
instructions, submitted that the defacto complainant had given
statement to the Investigating Officer also to the effect that the
issue has been amicably settled with the petitioner, and that she
is not at all interested in continuing the prosecution
proceedings.
9. Having regard to the above facts and
circumstances of the case, it is obvious that the offence of rape
alleged against the petitioner is not brought out from the
materials relied on by the prosecution. On the other hand, it
appears that there had been consensual sexual relationship
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between the petitioner and the defacto complainant, and that
she happened to prefer a complaint due to some sort of
emotional outburst. In that view of the matter, the prayer of
the petitioner to quash the proceedings against him, has to be
allowed.
In the result, the petition stands allowed. The
proceedings against the petitioner/accused in S.C No.2143/2023
on the files of Additional Distict and Sessions Court-
V,Thiruvananthapuram, which arose out of Crime No.81/2023 of
Mannanthala Police Station, Thiruvananthapuram, are hereby
quashed.
Sd/-G.GIRISH
JUDGE
ma/13.08.2025
/True copy/
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PETITIONER'S ANNEXURES:
ANNEXURE-I TRUE COPY OF FIR DATED 2.2.2023 IN CRIME
NO.81/2023 OF MANNANTHALA POLICE STATION
ANNEXIRE-II TRUE COPY OF FINAL REPORT DATED 1.7.2023 IN SC
NO.2143/2023 BEFORE THE COURT OF ADDITIONAL
DISTRICT COURT-V, THIRUVANANTHAPURAM,
WHICH AROSE FROM CRIME NO.81/2023 OF
MANNANTHALA POLICE STATION,
THIRUVANANTHAPURAM.
ANNEXURE-III: TRUE COPY OF REPORT OF MEDICO LEGAL
EXAMINATION OF DEFACTO COMPLAINANT DATED
3.2.2023 BY SENIOR RESIDENT OF GOVERNMENT
MEDICAL COLLEGE, THIRUVANANTHAPURAM
ANNEXURE-IV ORIGINAL AFFIDAVIT SWORN BY THE 2ND
RESPONDENT TO TERMINATE THE PROCEEDINGS
AGAINST THE PETITIONER DATED 5.7.2025
