Kerala High Court
Xxxxxx vs State Of Kerala on 10 February, 2026
CRL.MC NO. 8779 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
CRL.MC NO. 8779 OF 2024
CRIME NO.794/2023 OF Nileswar Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.1054 OF
2023 OF FAST TRACK SPECIAL COURT, HOSDURG
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SRI.ANIL K.MUHAMED
SHRI.KRISHNAKUMAR G.
SHRI.AJIN SALAM
SHRI.MUHAMMED AFRIN NUHMAN T.T.
RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SRI.S.MOHAMMED AL RAFI
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OTHER PRESENT:
SR.PP - SRI.BREEZ M. S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.02.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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ORDER
Dated this the 10th day of February, 2026
The petitioner is the accused in S.C No. 1054 of 2023 on the
file of the Fast Track Special Court, Hosdurg in Crime No. 794 of 2023
of Nileswar police station. The offences alleged against him are under
Sections 376(1), 354A(1)(i), 354(D)(1), 363 of Indian Penal Code and
Sections 3, 10, 4(1), 9l, 12 and 11(v) of Protection of Children from
Sexual Offences Act (PoCSO Act, in short).
2. The prosecution case is that the accused made
friendship with the defacto complainant, aged 17, took her to various
places and committed penetrative sexual assault, took her nude
photographs and videos and sent the same to the mobile phones of his
friends and thereby he is alleged to have committed the aforesaid
offences.
3. According to the petitioner, this is a false case foisted
against him and also that he is innocent. Further according to him, he
already married the victim and they are leading a happy married life. The
victim who now became major also filed an affidavit endorsing the
averments in the petition and praying for quashing the proceedings
against the petitioner.
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4. Heard the learned counsel for the petitioner and the
learned 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 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 –
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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.
6. The petitioner has produced Annexure A2 marriage
certificate issued by the Muslim Jama Ath Nileswaram as well as
Annexure A3 certificate of marriage issued by the Local Registrar of
Marriages Nileswaram Municipality in support of his contention that he
had already married the victim and that now they are leading a happy
married life. 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
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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 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.
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In the result, this petition is allowed. The proceedings against
the petitioner in S.C No. 1054 of 2023 on the file of the Fast Track
Special Court, Hosdurg in Crime No. 794 of 2023 of Nileswar police
station is hereby quashed.
Sd/-
C. PRATHEEP KUMAR,
JUDGE
NJ