The Court recognizes that marriage between the accused and victim can justify quashing proceedings under POCSO Act to promote family stability and public interest.

ORDER

Dated this the 11^th day of February, 2026 The accused in S.C. No. 1310 of 2021 on the file of the Fast Track Special Court, North Paravur now pending as L.P. No. 53 of 2023 filed this Crl.M.C under Section 528 of the B.N.S.S. praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 4 50 , 506(1), 354B, 376(2)(n), 376(3) of the IPC and Sections 4 (2) r/w 3(a)(b)(d), 6 r/w 5(l), 8 r/w 7, 12 r/w 11(iv)(v), 14 r/w 13(a), (b), (c) and 15 of the POCSO Act.

2. The prosecution case is that the petitioner after making friendship with the de facto complainant, a minor, trespassed into her residence during a night in September 2019 and outraged her modesty. Thereafter, on two days in July 2021 and one day in August 2021 during the night he trespassed into her residence and sexually abused her repeatedly, obtained the photos of her private parts, intimidated her using the photos and forced her to attempt to commit suicide.

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.

4. The learned counsel for the petitioner submitted that the dispute between the petitioner and the de facto complainant has now been settled and they married each other and now they are living happily. The learned counsel for the 3^rd respondent/defacto complainant also submitted that entire dispute between the petitioner and the defacto complainant has been settled and they married each other and living happily. Therefore, the learned counsel for the 3^rd respondent also prayed for quashing the proceedings against the petitioner.

5. Heard the learned counsel for the petitioner, the learned counsel for the 3^rd respondent and the learned Public Prosecutor.

6. 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 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 rende