Continuing criminal proceedings post-marriage of the accused and victim can undermine justice; quashing the proceedings promotes family unity and supports justice.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR TUESDAY, THE 10^TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947 CRL.MC NO. 1441 OF 2022 CRIME NO.184/2019 OF NENMARA POLICE STATION, PALAKKAD AGAINST THE ORDER/JUDGMENT DATED IN SC NO.889 OF 2019 OF SPECIAL COURT UNDER POCSO ACT, PALAKKAD PETITIONER:

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT:

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

2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADV. SMT. C.SEENA, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 10^th day of February, 2026 The petitioner is the accused in Crime No.184 of 2019 of Nenmara Police Station, which is pending as S.C.No.889 of 2019 on the file of the 1st Additional Sessions Judge, Palakkad. The offences alleged against him are under Sections 376 (3) of the Indian Penal Code and Sections 4 r/w 3(a) and 6 r/w 5(j)(ii) (l)(n) of the Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that, the accused, after making friendship with the defacto complainant, aged 15 years, subjected her to penetrative sexual assault, since December, 2018 and as a result of the same, she became pregnant.

3. According to the learned Counsel for the petitioner, now the entire dispute between the petitioner and the defacto complainant has already been settled, and that the petitioner already married the defacto complainant and also that, now they are living together as husband and wife along with their children. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Heard the learned Counsel for the 2^nd respondent 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, th