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Synopsis

The Kerala High Court has quashed a Prevention of Children from Sexual Offences (POCSO) Act case against a man, accused of seducing a minor and having sexual intercourse with her on the promise of marriage. The court allowed the plea noting that the parties have settled the issue and the accused had married the victim and they have a child together.

Considering the unique circumstances of the case, the court, presided over by Justice A. Badharudeen, noted, “In such cases, the tough nut stand in the way of settlement shall be crushed with humanitarian consideration as the hammer, so as to ensure the peaceful family living of the parties and most importantly to ensure the well being of the children born to them.”

The prosecution alleged that on September 30, 2022, the accused kidnapped and seduced the minor victim, promising marriage, and subjected her to sexual intercourse. This led to the minor's pregnancy. The accused was charged under Sections 363 (kidnapping) and 376 (2)(n), dealing with committing rape on same woman repeatedly of the Indian Penal Code (IPC) and various sections of the Protection of Children from Sexual Offences Act (POCSO Act) dealing with sexual assault, aggravated sexual assault, and sexual harassment.

The petitioner (accused) sought quashing of the criminal proceedings under Section 482 of the Criminal Procedure Code (Cr.P.C.), asserting that he and the victim had reconciled and that continuing the case would disrupt the peaceful family environment that has since been established. The petitioner argued that given the family unit they had formed, it would be in the best interest of the victim, the accused, and their child to conclude legal proceedings.

The State, however, opposed the quashing, arguing that crimes under the POCSO Act, which are intended to protect minors, involve serious moral implications and carry public interest considerations. It was contended that quashing such cases based on settlement would set a troubling precedent, potentially undermining the sanctity of protective statutes like POCSO.

In reaching his decision, the referred to established jurisprudence that non-compoundable offences, especially those involving serious moral depravity like rape and molestation, typically cannot be dismissed on the grounds of settlement, as these crimes impact society at large. The court emphasised, “Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means. It is well said that “let no guilty man escape, if it can be avoided.”

However, the court observed that the present case called for an exception due to the familial bonds now established between the petitioner and the victim, and particularly for the welfare of their child. The court noted, “though the accused after maintaining relationship with the minor victim subjected her to sexual molestation and she became pregnant, as of now, the accused married the victim and now, they have been living happily as husband and wife along with the child born to them,” emphasising that obstacles to settlement should be addressed with a humanitarian approach.

As a result, the court concluded that case warranted quashing of the charges, stating that “there is no necessity to continue criminal proceedings so as to retain them in the hazards of litigation and to collapse their married life and the well being of the children.”

 

Cause Title: XXX v State of Kerala [ CRL.MC NO. 8310 OF 2023]