A crime under the POCSO Act may be quashed if the victim and accused marry and live harmoniously, emphasizing the importance of family stability over legal proceedings.

ORDER

Dated this the 09thday of February, 2026The sole accused in S.C.No.732 of 2024 on the file of the Additional District and Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women & Children), Ernakulam), arising out of Crime No.1350 of 2023 of North Paravur Police Station, filed his petition underSection 528of theBNSS, 2023, praying for quashing all further proceedings against him. The offences alleged against the petitioner are underSections 449, 354, 354D(1)(ii), 376, 376(2)(n) and 366A of theIndian Penal CodeandSections 4(1) read with 3(a), 6(1) read with 5(1), 8 read with 7, 10 read with 9(1) and 12 read with 11(iv) of the POCSO Act, 2012.

2. The prosecution case is that the accused, with the intention to satisfy his sexual lust, made friendship with the de facto complainant, aged 17 years, and repeatedly committed penetrative sexual assault upon her, and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned Counsel for the petitioner, now the entire dispute between the petitioner and the de facto complainant is settled and the petitioner had already married the de facto complainant and also that they are living happily as husband and wife. Therefore, he prayed for quashing all further proceedings against the petitioner.

4 The learned Counsel for the 3^rd respondent/de facto complainant also submitted that the entire dispute between the parties is settled and the petitioner married the 3^rd respondent, they are living happily as husband and wife.

5. The 3rd respondent also filed an affidavit stating that the dispute has been settled and the petitioner married her and also that, they are living as husband and wife.

6. Though the petition was opposed by the learned Public Prosecutor, upon instructions she submitted that, the de facto complainant had already given signed statement to the SHO, in tune with the averments in the affidavit filed before this Court.

7. 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 t