LI Network
Published on: December 31, 2023 at 00:10 IST
The Kerala High Court has annulled legal proceedings against an individual charged under the Protection of Children from Sexual Offences Act (POCSO) following his marriage with the complainant. The Court noted that the complaint arose after the accused withdrew his marriage proposal from an earlier engagement.
Justice Gopinath P stated, “Continuing the proceedings against the petitioner would be detrimental to the victim. The complaint was filed after the petitioner withdrew from the proposed marriage, as per the First Information Statement of the complainant.”
The accused faced charges under IPC sections and the POCSO Act, related to alleged intimacy and sexual abuse with the complainant. Despite the initial plan to marry, the accused reneged, leading to legal action.
While on interim bail, the accused married the complainant, and the marriage certificate was issued on December 8, 2023. With no grievances from the complainant, the accused sought to end further legal proceedings, referring to the precedent in Vishnu v. State of Kerala [2023 (4) KHC 1].
In the aforementioned case, it was highlighted that instances where the victim marries and leads a peaceful life should be concluded, as continuing prosecution would disrupt the harmonious family life, as per the Vishnu vs State of Kerala ruling.
Considering the circumstances and the Vishnu vs State of Kerala ruling, the Court granted the petition, leading to the termination of proceedings against the petitioner.