ANU ANIL NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") by the sole accused in Crime No.706/2024 of Kalamassery Police Station, registered alleging commission of the offences punishable under Ss. 354, 354(A)(1)(ii), 354B, 376, 509 and 451 of the Indian Penal Code, now pending as C.P.No.5/2025 on the files of the Judicial First Class Magistrate Court, Kalamassery, seeking to quash Annexure B FIR, Annexure C Final Report arising from the said FIR and all further proceedings pursuant to the same.

(2.) The prosecution's case is as follows:

(3.) The crux of the petitioner's case is that the matter involved in this case has been amicably settled between him and the de facto complainant out of court. In the petition, it is further stated that the de facto complainant has no subsisting grievance against the petitioner, and she has filed an affidavit stating that she does not intend to proceed with the matter further. Another contention taken by the petitioner is that he and the de facto complainant, who are M.B.B.S. graduates, were in love since 2022. According to the petitioner, their marriage engagement ceremony was conducted on 25/3/2023 at the house of the de facto complainant, and a bangle and a wristwatch were exchanged at the time of the engagement. But later, the relationship between the petitioner and the de facto complainant became strained due to physical and mental incompatibility since October 2023. Subsequently, due to some misunderstanding, the present case happened to be registered at the instance of the de facto complainant. According to the petitioner, during the crime stage, the de facto complainant filed an affidavit stating that the matter involved in this case had been settled at the time of consideration of the bail application filed by the accused, and taking note of the said fact, the Sessions Judge granted bail to him after eight days of his judicial incarceration. According to the petitioner, as the matter is settled with the de facto complainant, the present petition seeking quashment of the criminal proceedings is liable to be allowed in the interest of justice, particularly since the continuation of proceedings would amount to an abuse of the process of law and a wastage of judicial time.