Marriage between accused and victim can warrant quashing of sexual assault charges to promote justice and family life.

ORDER

Dated this the 19^th day of February, 2026 The petitioner, who is the accused in Crime No.1403 of

2024 of Poonthura Police Station, filed this Crl.M.C under Section 528 of the BNSS , 2023, praying for quashing all further proceedings against him. The offences alleged against him, as revealed from the FIR, are under Sections 87 and 64 of the BNS, 2023 and Sections 3A , 4, 5J(ii) and 6 of the Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that athe accused, with the intetion to satisfy his sexual lust, made friendship with the defacto complainant, who was a minor, promised to marry her, took her to various places and committed penetrative sexual assault upon her and as a result of which, she became pregnant, 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 defacto complainant has been settled and the petitoner already married the defacto complainant and now they are living happily as husband and wife. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Heard the learned Cousnel for the 2^nd respondent/

defacto complainant 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 paragraph No.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 also produced the certificate of marriage issued by the Marriage Officer, Thiruvananthapuram, stating that the petitioner married the defacto co