Kerala High Court quashes POCSO and rape case on finding victim is happily married to accused

The Kerala High Court recently quashed a 2021 criminal case filed against a man for kidnapping and the statutory rape of a 17-year-old girl, on finding that the victim was now happily married to the accused man and that the couple had two children [XXX & anr v State of Kerala & anr]..Justice A Badharudeen opined that there is usually no question of settlement in rape cases, but added that the Court is deviating from this principle on humanitarian grounds so that the couple's peaceful family life is not disrupted."Settlement of cases including offence of rape and POCSO Act offences is not permissible under law. However, in the instant case, though the 1st accused after maintaining relationship with the minor victim subjected her to sexual molestation and she became pregnant, as of now, the 1st accused married the victim and now, they have been living happily with two children. 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 Court's July 22 order said..The accused man had been booked in the criminal case in 2021 on allegations that he kidnapped the 17-year-old victim and got her pregnant. The criminal charges filed against him included the offences of kidnapping and rape under the Indian Penal Code (IPC) and offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The victim's mother was also arraigned as an accused for failing to report the crime. .The two accused filed a plea in 2024 before the High Court to quash the criminal case on the ground that the matter has been settled between the parties.An affidavit filed by the victim (now an adult) before the High Court confirmed her marriage to the accused man. A copy of their marriage certificate was provided to the Court as well. The victim's counsel further endorsed the settlement referred to by the accused. The Public Prosecutor (for the State) also corroborated these claims.The Court was told by all parties to the matter (the accused, the victim and the State) that the couple was happily married and had two children..The Court observed that in serious crimes involving allegations of rape or POCSO offences, compromise or settlement is usually not allowed. "These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life," the Court explained.The Court emphasized that allowing settlements in such cases could send the wrong message to society. If this was allowed as a norm, habitual offenders might exploit settlement options to coerce victims into dropping charges, the Court noted..However, the Court proceeded to observe that if criminal proceedings were allowed to continue in the present case, it could lead to the collapse of the victim's family life. View from this perspective, the Court opined that the rape case should be quashed on humanitarian considerations. "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. In view of the matter, in deviation from the general principle, this is a fit case, where quashment is liable to be allowed," the Court said. .The accused persons were represented by advocate P L Mary Treasa. Public Prosecutor M P Prasanth appeared for the State..[Read Order]