Continuation of proceedings after marriage to the victim may disrupt family life; genuine settlements warrant quashing of charges under PoCSO.

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. 11615 OF 2025 CRIME NO.682/2022 OF MATTANCHERRY POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED IN SC NO.19 OF 2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (VIOLENCE AGAINST WOMEN & CHILDREN), ERNAKULAM PETITIONER/ACCUSED:

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV SHRI.GEORGE SEBASTIAN RESPONDENTS / VICTIM AND STAT E :

1 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX 2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SMT.A.THEJOMAYEE DEVI OTHER PRESENT:

SMT. C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 29^th day of January, 2026 The petitioner is the accused in crime No.682/2022 of Mattancherry police station. The offences alleged against him are under Sections 4 49 , 376(3), 376(2),(n) of Indian Penal Code and Sections 12 r/w 11 (iv), 4(2) r/w 3(a), 6 r/w 5(l) of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that the accused made friendship with the defacto complainant, who was aged 15 through facebook and subjected her to penetrative sexual assault repeatedly since May 2022 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 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.

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 sp