Lekha G
The Kerala High Court quashed charges of sexual assault under the Protection of Children from Sexual Offences Act (POCSO Act) against a 22-year-old man citing settlement and marriage of the accused with the complainant.
A sexual assault case was filed against the man in question after the victim’s father approached the police regarding his missing minor daughter. The accused was charged of Sections 3, 4, 5I and 6 of the POCSO Act and Section 376 (2)(n) of the IPC.
While the case was still pending, the man and the rape survivor had a wedding after the latter attained major status. A marriage certificate was also produced and the man’s counsel moved the court to quash charges against his client.
The Court observed that “The offences alleged are purely personal in nature and no serious prejudice will be caused to the public if the settlement is recognized. Further, possibility of the case ending in conviction is also very remote, if not impossible due to the said settlement. Recognizing the said settlement augurs better in the interests of all”.
Referring to a number of cases such as Gian Singh V State of Punjab, Narinder Singh and Others V State of Punjab and Another and Yogendra Yadav and Others V State of Jharkhand on settlements entered into parties, the Court quashed the case.
“In view of the settlement arrived at between the petitioner and the 2nd respondent and also due to their marriage, the petitioner is entitled to get the proceedings quashed under Section 482 of the CrPC. It is also pertinent to note that the petitioner does not have any criminal antecedents and no public interest is involved,” the order stated.
The order was passed by Justice Bechu Kurian Thomas.