The Kerala High Court has quashed a POCSO case filed by a wife for alleged pre-marriage sexual assault, ruling that continuation of the prosecution would serve no purpose and amount to an abuse of the court’s process.
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KERALA: In a recent judgment, the Kerala High Court quashed criminal proceedings against a man accused of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, 2012, alongside other charges, which allegedly occurred two years before his marriage. Justice G. Girish, recognizing the distinctive circumstances of the case, ruled that the continuation of the prosecution would constitute an abuse of the court process.
Background of the Case
The case originated from Crime No. 1209/2024 registered at Tirur Police Station based on a complaint filed by the petitioner’s wife. The complaint alleged that the accused had kidnapped her from her parents’ guardianship and subjected her to repeated sexual assault before they got married. Following the investigation, charges were framed under:
- Sections 366, 376(2)(n), 406, 420, and 506 of the IPC
- Sections 6 read with 5(1) and 12 read with 11(v) of the POCSO Act
The criminal complaint coincided with marital discord between the couple, which led to Family Court proceedings for maintenance and ex parte orders in favor of the wife. It was during the pendency of these family proceedings that the criminal complaint was filed.
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Petition Before the High Court
The accused petitioned the High Court, asserting complete innocence and claiming false implication. The petitioner emphasized that all matrimonial disputes had been amicably resolved through court-referred mediation, resulting in a formal agreement dated 16.09.2025. A critical condition of this agreement stipulated the termination of all criminal proceedings pending against him.
The High Court heard arguments from the petitioner, the wife (de facto complainant), and the State’s Public Prosecutor.
Court’s Analysis
Justice Girish described the case as “strange”, given that the alleged offences occurred before marriage but were reported during a period of marital conflict. The judgment emphasized:
“Obviously, once the marriage is performed, it has to be taken that, if at all there was some sexual assault perpetrated upon the victim by the accused, the victim had condoned all those issues and decided to prefer the accused as her life partner.”
The Court noted that subsequent matrimonial disputes, which might have motivated the complaint, had been resolved through mediation, removing the foundation of the criminal case. Recognizing the uniqueness of the situation, Justice Girish observed that proceeding with prosecution under these circumstances would serve no judicial purpose and amount to an abuse of the court process.
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In light of these findings, the Kerala High Court allowed the petition. The proceedings under S.C.No. 1344/2024 at the Fast Track Special Court, Tirur, arising from Crime No. 1209/2024, were formally quashed.
Appearance:
PETITIONER/ACCUSED: ADVCATES K. K. SAIDALAVI K. K. NASRUL HAQUE
RESPONDENT/STATE & COMPLAINANT: ADVocate E. S. ASHRAF FOR R3, SRI SUDHEER.G, PUBLIC PROSECUTOR
Case Title:
XXX versus STATE OF KERALA & Others
CRL.MC NO. 8499 OF 2025
Read Order:
