The marriage of the accused and victim can justify quashing criminal proceedings under the POCSO Act to preserve family harmony.

ORDER

Dated : 14^th November, 2025 The petitioner is the accused in crime No.333/2023 of Nenmara police station, Palakkad, which is now pending as C.P.75/2023 of the Judicial Magistrate of First Class, Alathur. The offences alleged against him are under Section 3 76(2) (n) and 447 IPC, Section 4 r/w 3(a), 6 r/w 5(J) (ii) of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that the accused after pretending love to the defacto complainant took her to various places and had sexual intercourse with her and thereafter refused to marry her. It is also alleged that when he came to know about the fact that the defacto complainant lodged a complaint against him, he married her on 21.7.2023 at Nenmara Registrar's office and thereby he alleged to have committed the aforesaid offences.

3. According to the petitioner, this is a false case foisted against him and also that he is innocent. Further according to him, he already married the victim and they are leading a happy married life. The victim also filed an affidavit endorsing the averments in the petition and praying for quashing the proceedings against the petitioner.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The question whether a crime of aggravated penetrative sexual assault registered under the provisions of the Protection of Children from Sexual Offences Act could be quashed taking note of the fact that the victim was married by the accused was considered by a learned Single Judge of this Court in the decision in xxxx v. State of Kerala , 2025 (4) KHC 471. After relying upon various decisions of the Apex Court and High Courts, the learned Judge has culled out seven significant aspects to be looked into. In such cases in paragraph 26 of the above decision, the learned Judge held as follows :

(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, If the offence is quashed, it will bring in harmony, peace and happiness, thus promoting their family life.

(2) Unless, the Court choose to quash the proceedings, the trauma/agony of the child/victim continues, despite a genuine and bonafide settlement.

(3) Despite and de-hors a bonafide and genuine settlement culminating in the marriage between the petitioner/accused and the victim, if the criminal proceedings are to continue - thereby compelling the parties to face the trial - the same verge upon abuse of process.

(4) The ends of justice is in favour of quashment in such category of cases, since it will be an injustice to separate a well knit family by the continuance of the proceedings.

(5) Quashment of the proceedings will result in rendering total and complete justice to the parties.

(6) When the crucial witness is the victim, who had married the accused, there exists little chance for her to speak against her own husband/ accused, wherefore, the chances of conviction will be too bleak and remote : 2025:KER:52904 In other words, no fruitful purpose will be served by continuance of the proceedings.

(7) Compelling the continuance of a proceedings, which is otherwise settled genuinely and which answers the requirements of the interest of justice will only add to the burden of criminal courts in India, which is otherwise over burdened.

6. The petitioner has produced a certificate of marriage issued by Marriage Officer, Nenmara, in support of his contention that he had already married the victim and that now the