Kerala High Court Quashes POCSO Rape Case Citing Survivor's Marriage To Accused, Desire To End Proceedings
The Kerala High Court quashed a POCSO rape case noting that the survivor had married the accused, did not wish to continue case. The Court found that continuing the case would cause injustice to the survivor. The first petitioner was accused under Sections 376(1), 342, 448, and 201 of the Indian Penal Code, and Sections 5, 5(j)(ii), and 6 of the Protection of Children from Sexual Offences Act. The allegation was that the first petitioner trespassed into the house of the second petitioner on and raped her, resulting in her pregnancy and subsequent delivery of a child.
A Bench of Justice Gopinath P. held that, “I am of the view that the proceedings against the first petitioner in S.C.No.09 of 2022 on the files of the Fast Track Special Court-II, Manjeri, can be quashed as no useful purpose would be served by continuing the proceedings.”
The issue before the Court was whether the proceedings against the first petitioner (now married to the second petitioner) and living together with their child, should be quashed under Section 482 of the Criminal Procedure Code (Cr.P.C).
Advocate U.K. Devidas appeared for the Petitioners and Senior Advocate Naushad K A appeared for the Respondent.
The counsel for the petitioners argued that the second petitioner had attained the age of majority, and they were now married, living together as a family. The second petitioner did not wish to pursue the case further. The Public Prosecutor confirmed the marriage and stated that the second petitioner did not want to continue with the proceedings.
The Court referred to the Kerala High Court ruling in Vishnu v. State of Kerala [2023(4) KHC 1], which highlighted cases where victims, after initially alleging forceful sexual assault, later settled disputes, got married, and led peaceful lives. The Court added, “Here also the marriage between the petitioners was solemnised on 10.02.2022. They are living together with their child. Continuation of proceedings would only cause injustice to the second petitioner.”
Therefore, invoking its jurisdiction under Section 482 Cr.P.C., the Court quashed all further proceedings against the first petitioner.
Cause Title: X & Anr. v. State of Kerala, [2023:KER:57613]
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