The court recognized that marriage following allegations of sexual offences, with the victim's consent and no further grievance, can justify quashing criminal proceedings.

ORDER

The petitioner is the accused in Crime No.622 of 2023 of Cheruthuruthy Police Station, Thrissur District, which is registered alleging commission of offences under Sections 354 , 354A(1)(i), 354-D(1)(i), 376, 376(2)(n) of the Indian Penal Code and Sections 4 (2), 3(a), 6, 51, 8, 7, 10, 91, 12 and 11(iv) of the Protection of Children from Sexual Offences Act (Amended), 2012, 2019.

2. The allegation against the petitioner is that the petitioner developed an intimacy with the defacto complainant/2^nd respondent/victim and sexually abused her on several occasions and also engaged in sexual intercourse with her. It is further alleged that though an engagement ceremony was conducted regarding the marriage between the petitioner and the defacto complainant/2^nd respondent/victim, the petitioner subsequently withdrew from the marriage proposal and thereby he committed the offences alleged against him.

3. The learned Counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that following the arrest of the petitioner in connection with the crime registered against him, the petitioner had approached this Court by filing Bail Application No.10223 of 2023, in which this Court through order dated 21.11.2023 had granted interim bail to the petitioner, finding as follows:

“Petitioner is the accused in Crime No.622/2023 of Cheruthuruthy police station, Thrissur district, alleging commission of offences under Sections 354 , 354A(1)(i), 376 and 376(2)(n) of the Indian Penal Code and Sections 4 (2) r/w5(l), Section 8 r/w Section 7, Section 10 r/w section 9(1), Section 12 r/w. Section 11(iv) of Protection of Children from Sexual Offences Act . 2. Allegation against the petitioner is that, on the false promise of marriage, the petitioner had sexual relationships with the de facto complainant/victim (at a time when the victim was a minor) and thereafter, withdrew from the promise of marriage and thereby, he committed the offences alleged against him. 3. When this matter is taken up for consideration today, learned counsel appearing for the petitioner would submit that actually the petitioner got engaged with the de facto complainant/victim and thereafter, on account of some differences of opinion, the petitioner had withdrawn from the promise of marriage. It is submitted that this prompted the de facto complainant to file a complaint leading to registration of Crime No.622/2023 of Cheruthuruthy police station, containing the above allegations against the petitioner. It is submitted that the petitioner and the de facto complainant/ victim have decided to get married and reference is made in this regard to Annexure 1 affidavit executed by the de facto complainant/victim. 4. Heard the learned Public Prosecutor and the learned counsel appearing for the de facto complainant/victim. Learned counsel appearing for the de facto complainant/victim submits that the petitioner and the victim have decided to get married to each other and the de facto complainant/victim stands by the contents of Annexure

1 affidavit executed by her on 08.11.2023.

5. Having considering the submissions as above, I am of the view that the petitioner can be granted interim bail till 21.12.2023. The petitioner has been in custody from 27.10.2023. Accordingly, the petitioner is granted interim bail in Crime No.622 of 2023 of Cheruthuruthy police station, Thrissur District till 21.12.2023, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating OfÏcer in Crime No.622 of 2023 of Cheruthuruthy Police Station as and when called upon to do so; (iii) The petitioner shall not interfere with the investigation, influence or intimidate the de facto complainant/victim or any witness in Crime No.622 of 2023