The High Court of Kerala on Friday quashed criminal proceedings, including charges under the Protection of Children from Sexual Offences (POCSO) Act, 2012, initiated by a woman against her husband for an alleged sexual assault that occurred two years prior to their marriage. Justice G. Girish, observing the unique circumstances of the case, held that the subsequent marriage and amicable settlement of matrimonial disputes meant the continuance of the prosecution would be an abuse of the process of the court.
Case Background
The petitioner was the accused in case S.C.No.1344/2024 before the Fast Track Special Court, Tirur. The case originated from Crime No.1209/2024 of the Tirur Police Station, registered based on a complaint by his wife, the third respondent.
The complaint alleged that approximately two years before their marriage, the petitioner had kidnapped her from the lawful guardianship of her parents and subjected her to penetrative sexual assault. Following an investigation, the Inspector of Police, Tirur, filed a final report alleging the commission of offences under Sections 366 (kidnapping), 376(2)(n) (repeated rape), 406 (criminal breach of trust), 420 (cheating), and 506 (criminal intimidation) of the Indian Penal Code, 1860. Additionally, charges were framed under Section 6 read with Section 5(1) (aggravated penetrative sexual assault) and Section 12 read with Section 11(v) (sexual harassment) of the POCSO Act.
According to the judgment, the complaint was filed at a time when the marital relationship between the petitioner and his wife “ran into rough weather.” This led to the wife initiating proceedings before the Family Court, Tirur (M.C.No.357/2024), where she obtained an ex parte order for maintenance. The criminal complaint was filed during the pendency of the execution proceedings for the said maintenance order.
Arguments Before the High Court
In his petition before the High Court, the petitioner contended that he was “totally innocent” and had been falsely implicated. He stated that all issues between him and his wife had been amicably settled. This settlement was reached through mediation referred by the Family Court, Tirur, resulting in an agreement dated 16.09.2025. A key condition of this agreement, as per condition No. (5) of Annexure-3, was that the prosecution proceedings against the petitioner pending before the Fast Track Special Court, Tirur, were to be terminated.
The counsel for the de facto complainant (the wife) and the Public Prosecutor representing the State of Kerala were also heard by the court.
Court’s Analysis and Observations
Justice G. Girish described the matter as a “strange case where the wife has come forward with a complaint of kidnapping, rape and commission of penetrative sexual assault under the provisions of the POCSO Act by her husband about two years prior to their marriage.”
The Court observed that the subsequent marriage between the accused and the victim was a pivotal factor. The judgment states, “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 while marital issues arose later, leading to the Family Court proceedings and the criminal complaint, those disputes have since been resolved through mediation. Acknowledging this resolution, the Court found that the foundation of the criminal complaint, which stemmed from the matrimonial discord, no longer existed.
Calling it a “unique case which cannot be considered at par with the other cases registered under the POCSO Act,” the court concluded that allowing the criminal case to proceed would not serve any purpose. Justice Girish held, “In such a scenario, the continuance of the prosecution proceedings against the petitioner can only be an abuse of process of Court. Therefore, the prayer of the petitioner to quash the proceedings against him, deserves to be allowed.”
Decision
In light of its findings, the High Court allowed the petition. The proceedings against the petitioner in S.C.No.1344/2024 on the files of the Fast Track Special Court, Tirur, arising from Crime No.1209/2024 of Tirur Police Station, Malappuram, were formally quashed.
