VIDHUN V. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a proceedings under Section 482 the Code of Criminal Procedure seeking orders quashing Annexure A1 first information report and all further proceedings in Crime No. 111 of 2019 of Chevayoor Police Station. The petitioner is the accused in the said case.

(2.) The case aforesaid is one registered under Sections 376 and 376(2) (n) of the Indian Penal Code , at the instance of the third respondent. The allegations in the first information statement, on the basis of which the crime is registered, in essence, is that the third respondent fell in love with the petitioner who was studying along with her; that they had physical relationship on a few occasions on an assurance given by the accused that he would marry her; that the accused borrowed from her on different occasions around Rs.2.5 lakhs and that he has cheated her by refusing to marry her and not returning the amount borrowed from her. The case set out by the petitioner in the proceedings is that the allegations made in the first information statement do not make out the offences alleged.

(3.) Heard the learned counsel for the petitioner, the learned counsel for the third respondent as also the learned Public Prosecutor.