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2026 Supreme(Online)(Ker) 11525
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 416 OF 2026|CRIME NO.250/2025|S.C NO.643 OF 2025
For the Appellants/Petitioners: B.PRAMOD, ATHUL M.V., SOBHA KUMARY K., SANDRA S. KOSHY
For the Respondents: ANIMA M (PP)
Criminal proceedings may be quashed if marriage and mutual consent between the parties can ensure family stability and justice.
Headnote:The petitioners, accused in Crime No.250 of 2025, sought quashing of proceedings under the PoCSO Act citing marriage to the victim as a resolution. The Court considered the implications of continued prosecution against a married couple and emphasized the importance of family stability. It concluded that further proceedings would create injustice and chaos in their lives. The judgment allowed the quashing of the proceedings for the 1st petitioner, reaffirming the importance of harmony in familial relationships.
| Table of Content |
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| 1. proceedings were initiated based on allegations of sexual offense. (Para 1 , 2) |
| 2. the couple's marriage and settlement prompts consideration for quashing charges. (Para 3 , 5) |
| 3. evidence of settlement and mutual intent to dissolve proceedings presented. (Para 6 , 7) |
| 4. judicial opinion on the necessity of quashing proceedings emphasizes family integrity. (Para 9) |
O R D E R
(Dated this the 13th day of February, 2026)
The accused along with the de facto complainant in Crime No.250 of 2025 of Alappuzha South Police Station, which is now pending as S.C No.643 of 2025 on the file of the Fast Track Special Court, Alappuzha, filed this Crl.M.C under Section 528 BNS S praying for quashing all further proceedings against the 1st petitioner. The offences alleged against the 1st petitioner are under Sections 64 (1), 69, 74, 75(1)(i), 76, 78 and 137(2) of and Sections 4 , 3(a), 6, 5j(ii), 51, 8 and 7 of Protection of Children from Sexual Offences Act (PoCSO Act, in short). 2. The prosecution case is that that accused after promising to marry the de facto complainant aged 17, took her in his mototcycle on 11.09.2024 at about 4.15 p.m., to various places and sexually abused her and thereby she became pregnant.
3. According to the learned counsel for the petitioners, now the entire dispute between them has been settled, they married each other and also that, now they are living together as husband and wife happily along with their child. Therefore, he prayed for quashing all further proceedings against the 1st accused.
4. Heard 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 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 a certificate of marriage issued by the Local Registrar of Marriages, Mannancherry Grama Panchayat, in support
