Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code (IPC), and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act), on the ground that the parties were now married. 

Justice Gopinath P. observed,

"The petitioner and the victim are now living together as husband and wife. Therefore, no useful purpose will be served by continuing with the prosecution against the petitioner". 

The petitioner accused was alleged to have sexually assaulted the minor victim, while she was studying in Plus Two class, by picking her up from her school in his car and touching her inappropriately. It was further alleged that subsequently, on the minor attaining majority, the petitioner had committed rape on her. 

Advocate Rizwana T.N. submitted on behalf of the petitioner that the petitioner and the victim got married in June 2023, and were now living together as husband and wife, which fact was also not disputed by the Public Prosecutor G. Sudheer. 

The Court was thus of the considered opinion that this was a fit case wherein its jurisdiction under Section 482 of Cr.P.C. could be invoked to quash the proceedings against the petitioner, since no useful purpose would be served by continuing with the prosecution. 

It thereby quashed the proceedings. 

Advocate Nahas H. appeared on behalf of the victim in the present case. 

Citation: 2023 LiveLaw (Ker) 517

Case Title: Muneer A. v. State of Kerala & Anr. 

Case Number: CRL.MC NO. 4466 OF 2022

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