Allowed

Xxx v. State of Kerala

Kerala HC7 Sept 2023Crl.MC/4501/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a Criminal Miscellaneous petition filed by an accused facing charges under POCSO and IPC for rape and abduction. The court quashed the proceedings after noting the accused legally married the minor victim (who had attained majority) and they live together with a child, holding that continuing prosecution serves no useful purpose.

What did the court decide?

Criminal Miscellaneous Case No. 4501 of 2023 allowed; all further proceedings in Special Court Case No. 436 of 2020 against the petitioner stand quashed.

Xxx Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 7^TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945

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CRL.MC NO. 4501 OF 2023

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SC 436/2020 OF SPECIAL COURT FOR TRIAL OF OFFENCES UNDER POCSO ACT, THODUPUZHA

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PETITIONER:

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XXXXXX XXX

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BY ADVS. RAMESH .P FATHIMA NARGIS K.A.

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 YYYYYY YYY

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SMT. SREEJA V (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.M.C No.4501/2023

O R D E R

The petitioner is the sole accused in Crime No.794 of 2020 of Muttom Police Station, Idukki District which is originally registered under Section 57 of the Kerala Police Act on the basis of a complaint given by the father of the second respondent. Subsequently, the commission of offences under Sections 363, 370, 376(1) of the Indian Penal Code read with Sections 3(a), 4, 5(j)(ii) and 6 of POCSO Act have been alleged.

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The learned counsel for the petitioner would submit that the petitioner was in love with the 2^nd respondent. It is submitted that the relationship was opposed by the parents of the 2^nd respondent. It is submitted that the petitioner has now legally married the second respondent and they are living together as husband and wife together with their child.

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Crl.M.C No.4501/2023

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The learned Public Prosecutor, on instructions, would submit that as per the report received from the investigating officer, the petitioner has married the second respondent on 06.05.2023 and they are living together as husband and wife with their child. It is submitted that on the alleged date of commission of the offence, the second respondent was 17 years, six months and 15 days old. It is submitted that the marriage between the petitioner and the second respondent was solemnised after the second respondent attained the age of majority.

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Having heard the learned counsel for the petitioner and the learned Pubic Prosecutor, I am of the view that this Crl.M.C can be allowed without issuing notice to the second respondent. No useful purpose would be served by continuing with the prosecution against the petitioner in such cases as held by this Court in Muhammed Rasal v. State of Kerala : 2019 (5) KHC 904. This is a fit case where the jurisdiction of this Court under Section 482 of the Cr.P.C can be invoked.

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Crl.M.C No.4501/2023

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Accordingly, this Crl.M.C is allowed and all further proceedings against the petitioner in S.C.No.436 of 2020 on the file of the Special Court for Trial of offences under POCSO Act, Thodupuzha will stand quashed.

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(sd/-)

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GOPINATH.P, JUDGE

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jsr/

Xxx v. State of Kerala

Case brief

What is this about?

What did the court decide?

Xxx v. State of Kerala

Case brief

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