Quashing criminal proceedings is justified when the victim and accused are married, supporting family harmony and justice.

ORDER

Dated this the 10^th day of February, 2026 The petitioner is the accused in S.C No. 1054 of 2023 on the file of the Fast Track Special Court, Hosdurg in Crime No. 794 of 2023 of Nileswar police station. The offences alleged against him are under Sections 3 76 (1), 354A(1)(i), 354(D)(1), 363 of Indian Penal Code and Sections 3 , 10, 4(1), 9l, 12 and 11(v) 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, aged 17, took her to various places and committed penetrative sexual assault, took her nude photographs and videos and sent the same to the mobile phones of his friends 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 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 Annexure A2 marriage certificate issued by the Muslim Jama Ath Nileswaram as well as Annexure A3