IMPORTANT POINT
The court established that while serious offences typically cannot be settled privately, the unique circumstances of marriage and children can justify quashing proceedings to protect family integrity.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings pursuant to Annexure.A2 FIR and Annexure.A3 Final Report in Crime No. 311 of 2021 of Chengamanad Police Station, Ernakulam, now pending as S.C. No. 837 of 2021 on the files of the Fast Track Special Court, Perumbavoor. The petitioners herein are the accused in the above case.

2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the prosecution case is that, at about 10.30 am on 21.02.2021, the 1st accused herein kidnapped the victim aged 17 years from the lawful custody of her guardians/parents and subjected her to sexual intercourse, after detaining her under his illegal custody and as a result of the sexual assault at the instance of the 1st accused, the minor victim became pregnant. The prosecution allegation against the 2nd accused is that, the 2nd accused, who is the mother of the victim failed to inform the matter to the Police. On this premise, the prosecution alleges commission of offences punishable under Sections 366, 342, 370, 370A, 376(2)(n) of Indian Penal Code and Sections 5(l)(j)(ii) read with 6, 4 read with 3(a) of the Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’ for short) as against the 1st accused and Section 21(1) of the POCSO Act as against the 2nd accused.

4. The learned counsel for the petitioners submitted that, now the matter has been settled and the victim filed an affidavit supporting settlement, stating that the 1st accused married her on 25.08.2021 and they have been living happily as husband and wife. Copy of the marriage certificate also has been produced. In view of the settlement, the matter is liable to be quashed is the submission of the learned counsel for the petitioners.

5. The learned counsel appearing for the victim also supported the settlement.

6. The learned Public Prosecutor also submitted that the 1st accused and the victim got married and two children also born to them and they are living happily.

7. Adverting to the power of this Court to quash criminal proceedings restoring to Section 482 of the Cr.P.C. is concerned, indubitably, in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. Such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of