[Cites 5, Cited by 0]
Kerala High Court
Xxxxxx vs State Of Kerala on 12 February, 2026
2026:KER:12960
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 9927 OF 2025
CRIME NO.605/2025 OF PERUMBAVOOR POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.934 OF 2025 OF FAST
TRACK SPECIAL COURT, PERUMBAVOOR
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SRI.P.P.BIJU
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SRI.E.JIJOBAL
OTHER PRESENT:
PP. SMT. ANIMA.M
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.M.C.NO.9927 OF 2025
2
ORDER
Dated this the 12th day of February, 2026
The petitioner who is the sole accused in S.C.No.934/2025 on the
file of the Fast Track Special Court, Perumbavoor, arising out of Crime
No.605/2025 of Perumbavoor police station, filed this Crl.M.C. under Section
528 of BNSS, praying for quashing all further proceedings against him. The
offences alleged against the petitioners are under Sections 354, 376 of IPC,
Sections 64 (2)(m) of BNS and Sections 6 r/w 5j (ii), 5 m of Protection of
Children from Sexual Offences Act (PoCSO Act, in short)
2. The prosecution case is that the accused with the intention to
satisfy his sexual lust between 13.04.2024 and 01.09.2024 on several days
committed penetrative sexual assault upon the defacto complainant and
impregnanted her.
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. Therefore, he prayed for quashing all
further proceedings against the petitioner.
4. Heard the learned counsel for the petitioner and the learned
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Public Prosecutor.
5. 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
such cases 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
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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 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.
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6. The petitioner has produced a certificate of marriage issued by
the Local Registrar of Vayalar Grama Panchayat stating that the petitioner
married the defacto complainant on 11.01.2026. In the affidavit filed by the
victim she expressed her desire to terminate the prosecution proceedings
against the petitioner and also that for preserving the peaceful and happy
family life, termination of the proceedings is highly necessary.
7. The learned Public Prosecutor, upon instructions from the
investigating officer submitted that the de facto complainant had given
statement to the investigating officer also upon the same terms as that in the
affidavit filed before this Court by her.
8. In the decision in Mahesh Mukund Patel v. State of U.P., 2025
SCC OnLine SC 614, the accused married the victim and they were leading a
happy married life. It is true that in that case the victim was a major at the
time when the offence was committed. However, the fact that the person who
was once an assailant, now turned out to be the protector and saviour of the
victim was considered as a relevant circumstances to quash the proceeding
pending against him.
9. In this case also, the 1st petitioner has already married the victim
and now they are leading a happy married life. Therefore, termination of the
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proceedings against the petitioner in such an exceptional circumstance is
highly necessary to maintain the harmonious and peaceful life of the victim
who now remains under the care and protection of the petitioner. Therefore,
the prayer for quashing the proceedings against the petitioners deserves
favourable consideration.
10. In the result, this petition is allowed. The proceedings against the
petitioner/accused in S.C.No.934/2025 on the file of the Fast Track Special
Court, Perumbavoor, arising out of Crime No.605/2025 of Perumbavoor
police station, is hereby quashed.
Sd/-
C. PRATHEEP KUMAR,
Pvv JUDGE
