Criminal proceedings can be quashed when victim and accused marry, ensuring their well-being.

O R D E R Dated this the 20^th day of February, 2026 The sole accused in SC. No.1670/2024 on the file of the Additional Sessions Court (Violence Against Women and Children), Ernakulam, arising out of Crime No.83/2024 of Fort Kochi Police Station, filed this petition under Section 528 of the BNSS, praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 363 , 354 A(2), 354A(1)(i), 376, 376(2)(n) of IPC and Section 8 r/w 7, 4(1) r/w3A, 6(1)

r/w 5j(ii),(l) of POCSO Act.

2. The prosecution case is that the accused with the intention to satisfy his sexual lust, made friendship with the defacto complainant aged 17 years, took her to different places and 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 defacto complainant has been settled, that the petitioner married the defacto complainant and now they are living together as husband and wife, happily. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the 2^nd respondent/defacto complainant also submitted that now the entire dispute between the parties is settled and that she does not want to proceed with this case. She also filed an affidavit to that effect.

5. The petition was opposed by the learned Public Prosecutor.

However, he submitted that the defacto complainant had already given signed statement to the SHO in tune with the averments in the affidavit filed before this Court.

6. The petitioner has also produced a copy of the marriage certificate issued by the Marriage officer, Kochi, stating that the petitioner married the defacto complainant on 7.1.2025.

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 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 fruitf