The Kerala High Court recently quashed a criminal case against a man booked under Section 69 of the Bharatiya Nyaya Sanhita (BNS) for having sexual intercourse with a married woman allegedly on the promise of marriage.

The prosecution allegation was that the accused made a false promise to marry the complainant, a married woman, and thereafter, took her to a hotel and had sex with her after mixing some sedatives in her food.

It is also alleged that he took nude photos of her and sent them to her on whatsapp.

He was alleged to have committed the offences under Section 69 BNS and Section 66E of the IT Act.

While so, the petitioner (accused) and complainant amicably settled the disputes. The petitioner sought to quash the FIR and criminal proceedings based on the same.

The de facto complainant filed a statement agreeing with the same and the prosecutor also submitted that the disputes have been settled.

The Court noted that the allegations were serious and therefore, cannot be treated as a purely private dispute, which can be settled.

It was noted that the complainant was a married woman, who voluntarily accompanied the petitioner to a hotel room and had sexual intercourse.

Since the complainant’s marriage was a subsisting one, the Court was of the view that it cannot be alleged that sexual intercourse was induced solely on the promise of marriage.

Taking note of the settlement, the Court felt that the possibility of successful prosecution was not likely. Thus, it allowed the plea and quashed the criminal proceedings.