KERALA HC BENCH QUASHED CHARGES OF POCSO AGAINST A MAN AFTER THE ACCUSED MARRIED PROSECUTRIX

26th April 2021

A Kerala HC Bench comprising Justice K Haripal quashed charges of POCSO against a 22 yr man after the accused married the prosecutrix.

FACTS

The father of the girl approached the police station stating that her daughter is missing. The added charges under Sections 450, 370,363, 376(2) (n) of IPC and Sections 4 r/w 3(a) and 6 r/w 5(1) of the POCSO Act. Hence, the accused came before the court seeking a quash of such charges. He submitted that at the time of the incident, the victim girl was only 17 years old. The petitioner has married the girl; the matter has been settled between the parties and is living as husband and wife.

The de facto complainant, who is the father of the quantum major, has filed affidavits stating that they have no objection to quashing the proceedings.

DECISION

In the light of the fact that they have entered into a matrimonial relationship, there is no purpose in continuing the proceedings. The High Court cannot refuse to invoke its inherent jurisdiction under Section 482 of Cr.P.C. For the well-being of the couple also, it is only expedient to terminate the proceedings. The proceedings are quashed, no public interest is going to hamper.

Author: Papiha Ghoshal

Pc - Indian express