Mahima
The Kerala High Court quashed charges of sexual assault against a 22-year-old man citing that the man has married the prosecutrix.
The bench comprising of Justice K Haripal quashed the two-year-old charge sheet charging the man of sexual assault and other charges under Indian Penal Code as well as Protection of Child from Sexual Offences Act.
The man moved the High Court seeking quashing of charge sheet against him stating his marriage to the prosecutrix.
The man further produced affidavits from the complainant stating that she has no objection if the proceedings are quashed.
The Court opined that pursuing the case is futile as the parties involved have settled the disputes among themselves and even entered into a matrimonial relationship.
The Court observed, “in the light of the fact that they have entered into matrimonial relationship, there is no purpose in continuing the proceedings. The Hon’ble Supreme Court has held that in such cases should always take a pragmatic view. When the parties themselves settle the dispute and approach the High Court for quashing the proceedings, the High Court cannot refuse to invoke its inherent jurisdiction under Section 482 of CrPC”.