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Xxxxxx vs State Of Kerala
2025 Latest Caselaw 7498 Ker

Citation : 2025 Latest Caselaw 7498 Ker
Judgement Date : 2 April, 2025

Kerala High Court

Xxxxxx vs State Of Kerala on 2 April, 2025

                                                      2025:KER:30289
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

                        CRL.MC NO. 6880 OF 2022

     CRIME NO.466/2019 OF Santhanpara Police Station, Idukki

     AGAINST    SC   NO.213   OF   2020   OF   FAST   TRACK   SPECIAL   COURT,

KATTAPPANA (POCSO)

PETITIONER/ACCUSED:

          XX
          XX

          BY ADVS.
          S.RAJEEV
          V.VINAY
          M.S.ANEER
          SARATH K.P.
          PRERITH PHILIP JOSEPH
          ANILKUMAR C.R.
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           PIN - 682031
           (CRIME NO.466/2019 OF SANTHAMPARA POLICE STATION,
           IDUKKI DISTRICT - 685508)
     2     YY
           YY

          BY ADV.ANAND KALYANAKRISHNAN

                ADV.E.C. BINEESH - PUBLIC PROSECUTOR


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2025, ALONG WITH Crl.MC.7427/2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024



                               ..2..             2025:KER:30289



           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

                       CRL.MC NO. 7427 OF 2024

  CRIME NO.63/2020 OF Karinkunnam Police Station, Idukki

         AGAINST SC NO.212 OF 2020 OF SPECIAL COURT UNDER

POCSO ACT, IDUKKI

PETITIONER/ACCUSED:

            XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX

            BY ADVS.
            BOBBY GEORGE
            BABY SIMON
            JOY C. PAUL
            ABHILASH MURALEEDHARAN
            NOBLE GEORGE
            MADHU V.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM DISTRICT, PIN - 682031
     2      XXXXXXXXXX
            XXXXXXXXXX XXXXXXXXXX
            SRI. C.N. PRABHAKARAN-SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.04.2025, ALONG WITH Crl.MC.6880/2022, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024



                               ..3..                        2025:KER:30289



                                                                   "C.R."
                              COMMON ORDER

Dated this the 2nd day of April, 2025

Two separate independent criminal cases are sought to be

quashed on the strength of settlement between the parties.

Since both these cases involve offences under the

Protection of Children from Sexual Offences Act, 2012,

('POCSO Act' for short) - the quashment of which on the

basis of settlement being a debatable proposition - this

Court choose to dispose of both matters by virtue of a

Common Order, as the parameters for consideration are

common.

2. The relevant facts may be summarized thus:

Crl.M.C.No.6880/2022:- Petitioner herein is the sole

accused in Crime No.466/2019 of Shanthanpara Police

Station, now pending as S.C.No.213/2020 before the Fast

Track Special Court (POCSO), Kattappana. The offences

alleged are under Section 376 of the Penal Code and under Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..4.. 2025:KER:30289

Section 3(a), read with Section 4 and 5(ii)(j) and (l),

read with Section 6 of the POCSO Act. The prosecution

would allege that the petitioner/accused, with the

necessary animus, had committed penetrative sexual assault

on the victim, a minor girl, repeatedly during the period

from 22.12.2018 till 24.12.2018 and thereafter, at a

different house on 11.09.2019, pursuant to which the

victim became pregnant, thus committing the offences

enumerated above.

Crl.M.C.No.7427/2024:- Petitioner herein is the sole

accused in Crime No.63/2020 of Karinkunnam Police Station,

Idukki, now pending as S.C.No.212/2020 before the Special

Court (POCSO), Idukki. The offences alleged are under

Sections 363, 366(A), 370 and 376(2)(n) of the Penal Code

and also under Section 4, read with Section 3(a);

Sections 5(l) and 5(j)(ii), read with Section 6 of the

POCSO Act. The prosecution would allege that the

petitioner/accused, with the necessary animus, have

enticed the victim girl, aged 17 years, from her lawful Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..5.. 2025:KER:30289

guardianship by June 2017 and committed penetrative sexual

assault on her during the period from May 2019 to

September 2019, repeatedly, with the result, the victim

became pregnant. On 09.02.2020, the petitioner/accused

contacted the victim on several occasions and kidnapped

her by about 3:30 p.m. in his scooter. The prosecution

would also allege that the victim gave birth to a baby

girl, thus committing the offences enumerated above.

3. A common facet of both these cases is that the

respective petitioner/accused have married the victim girl

after the registration of the crime, upon the respective

minors attaining majority. In Crl.M.C.No.6880/2022,

Annexure-VI is the marriage certificate, while it is

Annexure-A3 in Crl.M.C.No.7427/2024. In both these cases,

the respective petitioners seek quashment on the strength

of amicable settlement with the victim girls, as also,

their parents. In Crl.M.C.No.6880/2024, Annexure-V is the

affidavit sworn to by the defacto complainant/victim, Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..6.. 2025:KER:30289

wherein she would swear that she had decided to marry the

petitioner upon attaining majority (at the time of

swearing the affidavit the marriage had not taken place);

that the families of both the petitioner and victim have

accepted the relationship; and that the defacto

complainant/victim has no objection in quashing all

further proceedings in that crime. A similar affidavit is

sworn to by the defacto complainant/victim in

Crl.M.C.No.7427/2024, produced at Annexure-A6, wherein she

would swear that the petitioner/accused is her husband and

that their marriage was solemnized on 24.01.2020 at a

temple, in accordance with the religious rites. It is also

stated that in that wedlock, they have a girl child by

name Theertha, then studying at LKG and further, that the

deponent/victim is again pregnant. The deponent would also

state that she has been sent for B.Sc Nursing course by

the petitioner, and he is taking care of the four year old

child. According to the victim, the crime was filed on the

basis of misunderstanding and that she has no surviving Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..7.. 2025:KER:30289

grievance against the petitioner/accused, inasmuch as the

subject matter of the Sessions Case concerned is fully

settled by and between them.

4. Apart from the affidavits sworn to by the victim

girls, this Court directed the Investigating Officers

concerned to record the statement of the victim pursuant

to the filing of the above-referred Criminal Miscellaneous

Cases. The facts sworn to in the respective affidavits

were reiterated by the respective victims in such

statements of the victims given before the Investigating

Officer. It is on the basis of the above factual

parameters that this Court has been called upon to quash

the crime, the final report, and also all further

proceedings on the strength of the settlement between the

parties.

5. Having regard to the importance of the common issues

involved in a batch of cases, this Court appointed Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..8.. 2025:KER:30289

Smt. A. Parvathi Menon as Amicus Curiae. Learned Amicus

gave a preliminary report before this Court dated

11.12.2024 touching upon the various aspects of the issue,

including the legal as well as the societal point of view,

which report is of considerable assistance to this Court

in resolving the issues involved in these cases.

6. The quashment sought for under Section 482 Cr.P.C. on

the strength of the settlement between the parties has

always vexed the Court, and several landmark judgments

have been rendered in this regard, including the State of

Haryana and Others v. Bhajan Lal and Others [1992 SCC

(Cri) 426] and Gian Singh v. State of Punjab and another

[(2012) 10 SCC 303]. In Gian Singh (supra), it was held

that the inherent power under Section 482 is not limited

by Section 320 of the Code of Criminal Procedure and that

the High Court can quash the proceedings in respect of

non-compoundable offences, provided it serves the ends of

justice. However, compounding of serious and heinous Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..9.. 2025:KER:30289

offences, which impact the society at large was frowned

upon by the three Judges Bench in Gian Singh (supra).The

conclusions in Gian Singh (supra) in Paragraph no.61 are

extracted here-below:

"61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or

(ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..10.. 2025:KER:30289

fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..11.. 2025:KER:30289

full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."

7. Recently, the Hon'ble Supreme Court examined the

legal position as regards quashment of offences under the

POCSO Act in Ramji Lal Bairwa and Another v. State of

Rajasthan and Others [2024 SCC OnLine SC 3193]. Frowning

upon the quashment of offences under POCSO Act based on

the settlement between the parties, the Supreme Court held

that in the nature of cases before the Supreme Court, the

compromise between the parties, or the fact that there

exists a remote and bleak chance of conviction, cannot be Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..12.. 2025:KER:30289

a ground to abruptly terminate the investigation by

quashing the F.I.R. and further proceedings thereto, by

invoking the powers under Section 482 of the Cr.P.C. The

legal position in Gian Singh (supra) that the powers under

Section 482 Cr.P.C. cannot be used to quash proceedings

based on compromise, if it is in respect of heinous

offences, which are not of a private nature, and having

serious impact on the society, is seen reiterated.

However, it is relevant in this regard to take note of the

factual premise based upon which the above dictum was laid

down. In Ramji Lal (supra), the attendant facts

constituting the prosecution allegation is to the

following effect:

On 06.01.2022, the victim child, who was then a student of

class XI in Higher Secondary, was alone in the classroom.

The 3rd respondent, a teacher, came there and after

ensuring that there is no one else in the classroom, he

reached behind the victim, patted on her cheeks and put

his hands inside her bodice and rubbed her breast. When Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..13.. 2025:KER:30289

the victim got up and ran away, the accused followed to

stop her. Though the victim sought for help of other

teachers, there was no positive response. In the

meanwhile, one teacher came to the victim's residence, and

when her mother reached the school, she found the victim

in a deadly, terrified and numbed state. The child was not

in a position to say anything to her mother. Upon reaching

home, she divulged the incident to the mother, pursuant to

which the F.I.R. was lodged.

8. Needless to say that the factual situation is quite

different from the facts at hand. In Ramji Lal (supra), a

teacher had made sexual advancements to his pupil,

constituting offences under the POCSO Act; whereas in the

instant facts before me, there was a relationship between

the petitioner and the accused, which led to physical

relationship, followed by the marriage of the

petitioner/accused and the defacto complainant/victim. Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..14.. 2025:KER:30289

9. This Court will now address the views of the various

High Courts in this regard. I will begin with the judgment

of a learned Single Judge of this Court in Vishnu v.

State of Kerala [2023 (3) KLT 754]. After making a

thorough scan of all the precedents on the point, the

learned Single Judge concluded that normally the High

Court should not interfere with the investigation/criminal

proceedings involving sexual offences against women and

children, only on the ground of settlement. However,

exercise of the extraordinary powers under Section 482

Cr.P.C. or Article 226 of the Constitution is not

completely foreclosed to quash such proceedings in

extraordinary circumstances, to do complete justice to the

parties. The learned Judge exhorts to take a rational view

based on pros and cons being weighted, so as to identify

fit cases for compromise.

10. In 2019, a learned Single Judge in

Crl.M.C.No.381/2018 quashed the proceedings by invoking Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..15.. 2025:KER:30289

the powers under Section 482 Cr.P.C, wherein the offences

under the POCSO Act were also involved. The learned Single

Judge found that, once the petitioner/accused and the

victim had married each other, refusal to quash the

criminal proceedings will detrimentally affect their

family life, as also, the balance and harmony achieved by

the resolution of disputes.

11. A more or less similar view is seen taken by the

Delhi High Court in Kapil Gupta v. State (NCT of Delhi)

and another [2022 SCC Online SC 1030]. In Amar Kumar and

Another v. State (Government of NCT of Delhi) and Another

[2023 SCC Online Del 8452], the Delhi High Court quashed

all further proceedings in a case where the offences under

the POCSO Act were alleged. There was a relationship

between the 1st petitioner and the 2nd respondent in that

case, as a consequence of which the 2 nd respondent, who

was a minor, became pregnant. In quashing the proceedings,

the Delhi High Court found that the continuance of the Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..16.. 2025:KER:30289

proceedings would cause extreme injustice to the parties,

besides there being remote possibility for any conviction.

12. A similar course was adopted by the Delhi High Court

in Arjun Kamti v. State of GNCT of Delhi, through SHO and

Others [2023 SCC Online Del 4735].

13. The Punjab and Haryana High Court in Rajveer Singh

and Another v. State of Punjab and Another [CRM-M-

39297/2021] quashed the proceedings taking stock of the

compromise between the parties. The Court found that no

useful purpose will be served by continuing the

proceedings. The fact that the accused married the victim

and that they are happily cohabiting was taken stock of.

The denial of the prayer would be contrary to the interest

of the petitioner and the victim, was the finding of the

Punjab and Haryana High Court.

14. In Vijayalakshmi v. State represented by the

Inspector of Police, All Women Police Station (2021 SCC Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..17.. 2025:KER:30289

Online Mad 317), the Madras High Court quashed the

proceedings involving offences under the POCSO Act on the

strength of the settlement between the accused and the

victim, holding that, punishment of an adolescent boy for

entering into a relationship with a girl below eighteen

years of age was never the objective of the POCSO Act.

15. The Bombay High Court in Nauman Suleman Khan v.

State of Maharashtra and Another [2022 LiveLaw (Bom) 200]

quashed the crime involving the offence under the POCSO

Act, taking note of the fact that the accused had married

the victim girl, holding that the continuance of the

prosecution would hamper the peaceful life of the parties.

16. The Delhi High Court in AK v. State Govt. of NCT of

Delhi and Another [2022 LiveLaw (Del) 1077] held that the

intention of the POCSO Act was not to criminalize

consensual romantic relations.

Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..18.. 2025:KER:30289

17. In Vijaya Kumar v. The State Government of NCT of

Delhi [Crl.M.C.No.2153/2021], the Delhi High Court quashed

the F.I.R. involving the offence under Section 6 of the

POCSO Act, holding that the 2 nd respondent therein, a

major at the time of settlement, wishes to stay with the

petitioner as his wife, along with their minor child, and

unless the F.I.R. is quashed, three lives will be ruined.

18. In Kamal v. State, Represented by the Inspector of

Police (Crl.O.P.No.3323/2024), the Madras High Court

quashed the proceedings under the POCSO Act when the

victim girl, who was present in the Court, stated that she

had married the petitioner and had a child in that

relationship.

19. The same is the course adopted by the High Court of

Himachal Pradesh in Sakshi and Another v. State of H.P.

Through Secretary (Home to the Government of Himachal

Pradesh) and Others [2021 SCC OnLine HP 7834], wherein the Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..19.. 2025:KER:30289

High Court gave emphasis on the aspect that, if the

settlement between the parties is to result in harmony

between them, so as to improve their future relationship,

the Court can exercise the power under Section 482 Cr.P.C.

That was also a case where the marriage between the

petitioner/accused and the victim was solemnized and a

female child was born in that wedlock.

20. Relying upon the afore-referred judgments, the Orissa

High Court in Rojalin Rout and Another v. State of Odisha

and Another [2024 SCC OnLine Ori 1339], followed the same

course, after noticing the fact that the parties are

leading a happy married life. The fact that the

possibility of securing a conviction is remote and that

continuance of the proceedings may adversely affect the

mental, emotional and educational well being of the

victim, were taken stock of. The Orissa High Court held

that the offence which created impediments for the victim

and their families in the form of loss of reputation and Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..20.. 2025:KER:30289

dignity, have been substantially mitigated when the

accused married the victim, which also has the effect of

reforming the accused.

21. In Kajal and Another v. State of Himachal Pradesh

and Another [2018 SCC OnLine HP 2424], the High Court of

Himachal Pradesh also chose to quash the proceedings

involving the offences under the POCSO Act, as also, the

offences pertaining to rape under the Penal Code, taking

stock of the fact that the accused and the victim are

presently living happily, pursuant to their marriage,

refusal to quash will cause undue prejudice to the legally

wedded husband and wife.

22. However, this Court also notice that in Jagdish

Kumar v. State of H.P. and Others [Crl.M.M.O.No.25/2023],

a learned Single Judge of the High Court of Himachal

Pradesh refused to accept the compromise between the

petitioner and the victim. Dehors their marriage, the Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..21.. 2025:KER:30289

learned Single Judge chose not to quash the proceedings.

23. The same is the situation in Hiteshbhai Urfe Bholo

Gopalbhai Kadivar v. State of Gujarat and Another

(R/Crl.M.A.No.7634 of 2024). By Order dated 24.04.2024,

the High Court of Gujarat also declined the relief of

quashment based on the settlement between the parties in

respect of offences under the POCSO Act.

24. Having extensively referred to the above views of the

various High Courts, I am only inclined to follow the

views of this Court in Vishnu (supra), as also, of the

various High Courts, where the proceedings were quashed

taking stock of the settlement between the parties,

ultimately ending in the marriage between the

petitioner/accused and the defacto complainant/victim.

I am of the opinion that, merely because the offences

under the POCSO Act is alleged, there cannot be an

absolute proposition of law that the proceedings cannot be Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..22.. 2025:KER:30289

quashed based on settlement between the parties,

especially when the settlement is genuine and bonafide so

as to ultimately result in the marriage between the

accused and the victim. As held in many cases, each case

will have to be addressed in the peculiar facts obtaining

therein, and there cannot be an en bloc conclusion that

the quashment is wholly impermissible in cases involving

POCSO offences. There are offences which are not of a very

serious and grievous nature coming under the POCSO Act,

say, for example, an offence under Sections 11(i) or (iv)

of the Act. By saying that the said offences are less

serious, this Court is not undermining the significance

and seriousness of such offences, since it is perpetrated

against a minor. However, when the legal position, even in

respect of an offence under Section 307 of the Penal Code,

is to the effect that the same can be quashed based upon

genuine and bonafide settlement between the parties, there

is no reason as to why a less serious offence under the

POCSO Act cannot be terminated. Generally, serious Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..23.. 2025:KER:30289

offences having a sexual overtone, like rape under the

Penal Code, and a penetrative sexual assault etc., under

the POCSO Act cannot be terminated by quashing the same,

acting only upon the settlement between the parties. It is

indeed the offence against the society and not a private

issue between the petitioner and the defacto complainant.

However, in cases where there exist extreme mitigating

circumstances, adherence to that Rule will work out

injustice. Suffice to say that the choice in this regard

will have to be taken based on the attendant facts; and

not on the basis of the nomenclature of the statute.

25. Coming to the instant facts, in both the cases, the

petitioner/accused had married the victim. Affidavits

sworn to by the victims and their statements recorded by

the Investigating Officer would reveal that they are

living a happy married life, along with their child. The

petitioner/accused is adequately taking care of the

interest of the victim. In one case, the victim is sent Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..24.. 2025:KER:30289

for further studies, and the child is being taken care of

by the petitioner/accused. This Court is of the opinion

that these circumstances are extremely extenuating, so as

to bring the case outside the scope of the general

proposition that serious sexual offences cannot be

quashed, acting only upon the settlement between the

parties.

26. The following aspects assume significance in the

peculiar nature of the cases, where the offence is

followed by the marriage between the perpetrator and the

victim:

(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 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..25.. 2025:KER:30289

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 dehors 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 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..26.. 2025:KER:30289

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. 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.

27. For the afore-referred reasons, both the Crl.M.Cs are

allowed. In the result, all further proceedings in Crime

No.466/2019 of Shanthapara Police Station, now pending as

S.C.No.213/2020 before the Fast Track Special Court,

Kattappana (Crl.M.C.No.6880/2022); and in Crime No.63/2020 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..27.. 2025:KER:30289

of Karikunnam Police Station, now pending as

S.C.No.212/2020 before the Special Court (POCSO), Idukki,

(Crl.M.C. No.7427/2024), will stand quashed.

This Court places on record its sincere appreciation to

the commendable service rendered by Smt.A.Parvathi Menon,

the learned Amicus Curiae.

Sd/-

C. JAYACHANDRAN JUDGE TR Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

..28.. 2025:KER:30289

PETITIONER ANNEXURES

Annexure A1 THE CERTIFIED COPY OF THE FIS AND FIR IN CRIME NO.63/2020 DATED 11.02.2020 OF KARIMKUNNAM POLICE STATION Annexure A2 CERTIFIED COPY OF THE FINAL REPORT IN S.C.212/2020 OF THE FIRST ADDITIONAL DISTRICT AND SESSIONS COURT (SPECIAL COURT POCSO ACT) THODUPUZHA Annexure A3 TRUE COPY OF THE CERTIFICATE OF MARRIAGE BEARING NO.400575/CRCM02/ GENERAL/2020/243 DATED 27/03/2023 ISSUED FROM THE PURAPUZHA GRAMA PANCHAYAT.

Annexure A4 THE BIRTH CERTIFICATE OF THE CHILD BEARING NO.B00601902003097 Annexure A5 THE TRUE COPY OF THE CERTIFICATE DATED 14.07.2024 ISSUED FROM SREE CHAITHANYA COLLEGE OF NURSING, TIRUPATHI BY THE PRINCIPAL OF THE COLLEGE IN FAVOUR OF THE SECOND RESPONDENT Annexure A6 THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT BEFORE THE NOTARY PUBLIC DATED 20.07.2024 Crl.M.C.Nos. 6880 of 2022 and 7427 of 2024

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PETITIONER ANNEXURES

Annexure I COPY OF THE FIR & FIS IN CRIME NO.466/2019 OF SANTHANPARA POLICE STATION Annexure II CERTIFIED COPY OF THE FINAL REPORT IN

Annexure III A COPY OF THE BIRTH CERTIFICATE OF THE DEFACTO COMPLAINANT Annexure IV A COPY OF THE ACKNOWLEDGEMENT CUM RECEIPT FOR SPECIAL MARRIAGE AND NOTICE OF INTENDED MARRIAGE DATED DATED 15.09.2020 Annexure V THE NOTARIZED AFFIDAVIT SWORN BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT

 
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