The Kerala High Court in the case Adarsh Thinkal T.S v. State of Kerala and Anr observed and has quashed the rape case based on false promise of marriage, wherein the court find that the parties i.e., the accused and de facto complainant had gotten married under the Special Marriage Act.
The bench headed by Justice Gopinath P in the case observed while taking into the account of the Marriage Certificate produced that the petitioner is entitled to succeed and the offences made alleged against the petitioner cannot sustain in the light of the fact that the petitioner has now married to the de facto complainant or victim.
It being the case against the petitioner who was registered under Sections 376(2)(n) i.e., the punishment for rape and Section 506, punishment for criminal intimidation of Indian Penal Code, 1860 and Section 119(b), the punishment for atrocities against woman of the Kerala Police Act.
Therefore, the allegations made was that on false pretext of marriage, he had compelled the de facto complainant, aged 23 years, to a hotel and raped her.
The counsel appearing for the petitioner submitted before the court that the 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.
The court observed that as the respondent confirmed the fact that marriage had been solemnized between the parties.
Accordingly, the court allowed the plea and has quashed the criminal proceedings against the petitioner. The counsel, Advocate S Nikhil Sanka appeared for the petitioner.
The counsel, Senior Public Prosecutor Noushad KA and Advocate Mansoor BH represented the respondent.
