Continuing criminal proceedings where the victim is married to the accused, and they lead a happy life can be quashed in the interest of justice.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 29^TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947 CRL.MC NO. 5129 OF 2023 CRIME NO.1205/2022 OF THRIKKODITHANAM POLICE STATION, KOTTAYAM SC NO.625 OF 2022 OF FAST TRACK SPECIAL COURT, CHANGANASSERY PETITIONER/ACCUSED:

XXXXXXXXXX BY ADVS.

SRI.K.SHAJ SHRI.BHARAT VIJAY P.

SMT.MINU VITTORRIA PAULSON RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 XXXXXXXXXX BY ADVS.

SR.PUBLIC PROSECUTOR SRI. M.S. BREEZ SMT.NEETHU S.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

29.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 29^th day of January, 2026 The petitioner is the accused in crime No.1205/2022 of Thrikkodithanam Police station, Kottayam. The offences alleged against him are under Sections 376 (2)(n) of Indian Penal Code , Sections 4 , r/w 3, 6 r/w 5(1), 7 & 8 of Protection of Children from Sexual Offences (POCSO) Act and Section 6 7A of the Information Technology Act .

2. The prosecution case is that the accused made friendship with the defacto complainant and thereafter on one day in November, 2021, trespassed into her residence at about 1.30 a.m., took her in his scooter to his residence and committed penetrative sexual assault. It is also alleged that thereafter he continuously sexually abused the defacto complainant and caused her to make naked video calls and thereby he is 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 that now they are leading a happy married life. The victim who now became major also filed an affidavit endorsing the averments in the petition and praying for quashing the proceedings against the petitioner. The petitioner has also produced a copy of the certificate of marriage issued by the Marriage Officer, Thengana, stating that the petitioner married the defacto complainant on

27.5.2023.

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 o