On 22nd July, Kerala High Court quashed a POCSO case against an accused as the accused and the victim had got married. The 2021 criminal case was filed against the man for kidnapping and raping a 17-year-old victim. The duo is now married and has two children. Justice A Badharudeen opined that though there is no question of settlement in the rape cases, in this case the matter has been quashed on humanitarian grounds so that the couple’s peaceful family life is not disturbed.
The court said, “Settlement of cases including the offence of rape and POCSO Act offences is not permissible under law. However, in the instant case, though the 1st accused after maintaining a relationship with the minor victim subjected her to sexual molestation and became pregnant, as of now, the 1st accused married the victim and now, they have been living happily with two children. In such cases, the tough nut standing in the way of settlement shall be crushed with humanitarian consideration as the hammer, to ensure the peaceful family living of the parties and most importantly to ensure the well-being of the children born to them.”
In 2021, the accused was booked under relevant sections of IPC and POCSO on the allegations that he kidnapped and impregnated a then-17-year-old victim. The victim’s mother was also arraigned as an accused as she failed to report the crime. In 2024, they filed an appeal in the Kerala High Court to quash the criminal case stating that the matter was settled between the two parties.
An affidavit was submitted in the High Court by the victim, who is now an adult, confirming that she was married to the accused. A copy of the marriage certificate was also submitted to the court. The victim’s counsel and the Public Prosecutor corroborated the claims made by the parties.
The court observed that compromise or settlement is not allowed in the cases of rape or POCSO cases. “These are crimes against the body of a woman which is her temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life,” the court said.
The court added that settlement in such cases could send a wrong message to society as if it was allowed as a norm, habitual offenders might exploit settlement options to force the victims to drop the case. However, the proceedings were allowed in this case as it could lead to the collapse of the victim’s family life.
The court said, “There is no necessity to continue criminal proceedings to retain them in the hazards of litigation and to collapse their married life and the well-being of the children. Given the matter, in deviation from the general principle, this is a fit case, where quashment is liable to be allowed.”
Background of the case
OpIndia accessed the copy of judgment in the matter. As per the court documents, a case was registered in 2021 at Chengamanad Police Station Ernakulam, Kerala. The FIR noted that at 10:30 AM on 21 February 2021, the accused kidnapped the victim from the lawful custody of her parents and raped her. After that, the minor victim got pregnant. The prosecution alleged that the mother failed to inform the matter of the police, hence making her an accused too. A case was registered under Sections 366, 342, 370, 370A, 276(2)(n) of the Indian Penal Code (IPC) and Sections 5(I)(j)(ii), 6, 4 and 3(a) of the POCSO Act against the main accused and Section 21(1) of POCSO Act against the mother.
On 25th August 2021, the accused and the victim got married and were living happily. Two children were born to them.
