Kerala HC Quashes POCSO Case After Marriage of Parties

In a significant judicial development, the High Court of Kerala has quashed criminal proceedings initiated under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code ( IPC ) against a petitioner who has subsequently married the de facto complainant.

The presiding judge, C. Pratheep Kumar, J., allowed the plea for the quashing of proceedings initiated in S.C.No.867/2019 , emphasizing the amicable settlement reached between the involved parties.

The Background of the Dispute

The legal proceedings stemmed from an incident reported on January 24, 2019, at the Koyilandy Police Station. The accused faced charges under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), and 354 D (stalking) of the IPC , alongside Sections 12 read with 11(iv) and Section 8 read with 7 of the POCSO Act .

The underlying prosecution narrative alleged that the accused had restrained the then-minor complainant, outraged her modesty, and engaged in stalking despite her ongoing objections.

Arguments and Settlement

Representing the petitioner, the legal counsel informed the High Court that the conflict had been fully resolved. Central to this resolution was the fact that the accused and the de facto complainant, who has since attained the age of majority, entered into a lawful marriage on December 3, 2020.

Supporting this, the counsel submitted a marriage certificate to the court. Furthermore, the de facto complainant and her mother submitted affidavits confirming the settlement and expressing their desire for the criminal proceedings to be closed. The Public Prosecutor corroborated this, stating that the victim had provided a signed statement to the Station House Officer (SHO) of Koyilandy Police Station confirming the resolution of the matter.

Key Observations

The Court's decision was heavily influenced by the change in the status of the relationship between the parties. In its order, the Court noted:

> "According to the learned counsel for the petitioner, now the matter has been settled between the petitioner and the defacto complainant and also that they have married each other."

Recognizing that the objective of the trial had effectively been superseded by the current union of the parties, the court observed:

> "In the light of the above settlement, there is no meaning in proceeding further against the petitioner and as such this Crl.M.C. is liable to be allowed."

Judicial Conclusion

The High Court ordered the quashing of all further proceedings in S.C.No.867/2019 pending before the Special Judge (Fast Track, POCSO) Court, Koyilandy. By finalizing this order, the Court has prioritized the resolution reached by the parties, concluding that continuing the litigation would serve little purpose given the current circumstances. This ruling serves as a precedent for how courts may exercise their inherent powers to quash pending criminal proceedings when the parties have reached an amicable reconciliation that results in a change of social standing.