The Kerala High Court allowed the petition and quashed criminal proceedings under PoCSO and IPC sections alleging rape and molestation against the accused, holding that post-majority allegations are not maintainable as the parties are now husband and wife.
All further proceedings against the petitioner in S.C.No.203 of 2022 will stand quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945
CRL.MC NO. 4466 OF 2022
S.C.No.203 of 2022 on the file of the Fast Track Special
Court(Protection of Children from Sexual Offences Act), Punalur
Crime No.1268 of 2021 of Pathanapuram Police Station, Kollam
PETITIONER/ACCUSED:
MUNEER A
AGED 30 YEARS
S/O ABDUL RAHMAN, MUMTHAZ MANZIL,
THEKKUVILA, KUNDAYAM P.O,
PATHANAPURAM, PIN - 689695
BY ADV RIZWANA T.N
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 6820312 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXXBY SRI.NAHAS H.
OTHER PRESENT:
SRI. G SUDHEER (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.4466 of 2022
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O R D E R
The petitioner is the accused in Crime No.1268
of 2021 of Pathanapuram Police Station, Kollam, which is now pending as S.C.No.203 of 2022 on the file of the Fast Track Special Court(Protection of Children from Sexual Offences Act), Punalur, alleging commission of offences under Sections 354 and 376 of the Indian Penal Code and Section 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.
Crl.M.C.No.4466 of 2022
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period after the alleged victim attained the age of majority.
petitioner would submit that the petitioner and the victim are married and they are living together as husband and wife. It is submitted that the petitioner and the victim got married on 05.06.2023. A copy of the marriage certificate issued under the provisions of the Special Marriage Act is placed before me to establish that marriage between the petitioner and the victim has been solemnized in accordance with the law.
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his car and had touched her inappropriately on several occasions. The allegations of having entered into sexual relationship with the victim relate to a period after the victim attained the age of majority. The petitioner and the victim are now living together as husband and wife. Therefore, no useful purpose will be served by continuing with the prosecution against the petitioner.
Accordingly, this Crl.M.C. is allowed and all further proceedings against the petitioner in S.C.No.203 of 2022 on the file of the Fast Track Special Court(Protection of Children from Sexual Offences Act), Punalur will stand quashed.
Sd/-
GOPINATH P., JUDGE
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Crl.M.C.No.4466 of 2022
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APPENDIX OF CRL.MC 4466/2022
PETITIONER ANNEXURES
Annexure4
TRUE COPY OF BAIL ORDER ISSUED BY THIS
HONOURABLE COURT DATED 3.01.2022
2 issues framed by the court
Whether the criminal proceedings against the accused are maintainable after the marriage solemnization between the accused and the victim.
Whether Section 482 CrPC is invoked to quash the proceedings as they relate to post-majority sexual relations between husband and wife.
3 provisions across 3 enactments
Muneer A
State of Kerala
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court