Karnataka High Court quashes POCSO Act case against youth after marriage to victim

The Karnataka High Court recently quashed proceedings under Protection of Children from Sexual Offences Act (POCSO Act) against a 23-year-old after he married the victim [XYZ v State of Karnataka and Anr.].Justice M Nagaprasanna observed that continuing the proceedings would result in the survivor and the child born as a result of the offence facing ignominy at the hands of society.."If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of the mother and the child, who will have to face ignominy at the hands of the society," the order dated July 10 stated. .The Court was hearing a plea by the accused for quashing the case registered against him for sexually assaulting a minor in February 2023.The petitioner claimed that he was always in love with the survivor and that her parents registered the crime as she was not old enough to marry him. However, the parents had now let the survivor marry him, he informed the Court. The survivor's parents also affirmed their stance before the Court..The State opposed the plea stating that the petitioner's acts were offences under the POCSO Act.The State also contended that the possible hostility of the survivor in case of conviction cannot prevent trial as offences under POCSO Act are heinous and punishable with imprisonment beyond 10 years..The Court noted that after it had granted the petitioner interim bail to marry the survivor on June 17, the marriage was duly solemnised on June 21.It decided to follow the Supreme Court's decision in K Dhandapani v. State by Inspector of Police and various other High Court decisions that allowed closure of POCSO proceedings after a child was born and the offender married the survivor."The new born would not be aware of the happenings narrated hereinabove. If the issue is not compounded and the petitioner is released, the mother and the child would be left in the lurch and their fate in dire straits," the Court stated..The Court then observed that going ahead with the criminal case would result in the survivor and the child facing ignominy at the hands of society.Therefore, it closed the proceedings to stall such a situation as it would turn the survivor hostile and deem the petitioner's conviction bleak."To stall any emergence of such an ignominious situation, I deem it appropriate to accept closure of the proceedings and compounding of the offence, in the light of the fact that the victim would undoubtedly turn hostile and the conviction of the petitioner would become absolutely bleak," the Court said..The petitioner was represented by advocates Rohith SV and M Sharass Chandra.The survivor's mother was represented by advocate Nagaraju HR.The State of Karnataka was represented by High Court Government Pleader (HCGP) Thejesh P..[Read Order]