Marriage between the accused and victim justifies quashing of sexual assault charges to ensure family harmony and avoid judicial burden.

O R D E R

The accused in S.C. No.376/2023 on the files of the Fast Track Special Court, Aluva, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973, to quash the proceedings against him in the said case. The offences alleged against him are under Sections 354, 354A(1), 354B, 354D, 376(2)(n) and Section 447 I.P.C, Section 66E of the IT Act and Sections 4(1) r/w Section 3(a), 6 r/w 5(1), 8 r/w 7, 12 r/w 11(iv), 11(v) and Section 14 r/w 13(a) and 13(c) of the Protection of Children from Sexual Offences Act , 2012, (in short, ‘POCSO Act’). The prosecution case is that on three days in the month of October, 2022, the petitioner criminally trespassed into the residence of the victim, a girl aged 16 years, and resorted to penetrative sexual intercourse and recorded the nude visuals of the victim.

2. In the present petition, the petitioner would contend that he has been falsely implicated in this case, and that there was no such incident as alleged by the prosecution. It is further stated that the petitioner was in love with the survivor, which the parents of the survivor did not like. According to the petitioner, he married the survivor on 21.04.2024, and now they are living a peaceful married life. For the above reason, the petitioner seeks to terminate the prosecution proceedings against him.

3. Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned Public Prosecutor representing the State of Kerala.

4. It is pointed out by the learned counsel for the petitioner that the marriage between the petitioner and the de facto complainant had already been conducted on 21.04.2024, and that they are now leading a peaceful family life. Certificate of marriage issued by the Local Registrar of Marriages, Kuzhuppilly Grama Panchayat, is relied on by the learned counsel for the petitioner in support of the above contention. The de facto complainant has filed affidavit stating that the termination of the prosecution proceedings against the petitioner is highly necessary for preserving the peaceful and happy family life of the de facto complainant and the petitioner.

5. The learned public prosecutor, upon instructions, submitted that the de facto complainant had given statement to the Investigating Officer also upon the same terms as that of the affidavit filed before this Court by her.

6. The issue whether a crime of aggravated penetrative sexual assault registered against an offender under the provisions of the POCSO Act could be quashed taking note of the marriage of the victim with the accused, still remains as a delicate and debatable subject matter among judicial circles. A learned Single Judge of this Court had the occasion to deal with two such similar issues in Crl.M.C.Nos.6880/2022 & 7427/2024. Relying on various judicial precedents of several High Courts as well as this Court on the point, the learned Single Judge culled out seven aspects of significance to be looked into in cases of this nature. Paragraph No.26 of the common order rendered by the learned Single Judge inx xxx v. State of Kerala [ 2025 KHC 471 ] is extracted hereunder:

“The following aspects assume significance in the peculiar nature of the cases, where the offence is followed by the marriage between the perpetrator and the victim:

(1) Unless the criminal proceedings are terminated by quashing the same, there will be utter chaos, confusion and even havoc in the life of the victim who married the accused, and who is leading a happy life. In other words, the life of the victim, the accused and the child, if any, in that relationship will be ruined. Per contra, I